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What Is Trademark Objection?

It is a procedural part of trademark registration. After submitting the  trademark application, the registrar looks into the application and examine every detail mentioned in the form as well as looks into the applied mark or logo. After checking all the details of the application, the registrar may either approve the trademark or refuse the request. However, before rejecting the registration of a mark, the registrar gives an opportunity to provide the clarification that why the registrar should accept the application. However, the registrar cannot reject the application unnecessarily he shall give the proper reason for such rejection.

A registered trademark also provides benefits at the time of company registration as it enhances the chance to get the name approval. A secure brand name plays an important role in any business organization whether it is a small business like proprietor or any big enterprise like LLP or section-8 company. So it is always better to complete the procedure of a brand name and try to get the certificate from the examiner.

However, why the registrar object for registering the mark? It is a big question which comes in every mind. So the answer is, there are specific grounds for rejection and under the Trademark Act, 1999 the ground for refusal covered under section 9 and 11.

GROUNDS OF REFUSAL OF TRADEMARK
The applied mark neither distinctive nor capable of distinguishing or not satisfying the requirements of the act;
The essential part of the applied mark is that word which is ordinary in use and the applicant is not entitled to acquire the exclusive right for registration;
The said trademark is of such a nature which deceive the public or may cause the confusion;
The applied mark contains such word or any matter which likely to hurt the religious sentiments of any class or section of the citizen of India;
The applied mark includes or comprises any scandalous or obscene matter;
The said mark is identical or similar to the registered trademark;
The information provided in the application is unfair and false;
The said mark contains any prohibited word or mark or symbol;
The applicant is not entitled to apply for registration under section 12 of the Trademark Act, 1999;
The applied mark contains the word which becomes customary in the current language and used in the market;
The applied mark includes any nation emblem or national mark which are prohibited under State of Emblem of India (Prohibition of Improper Use) Act, 2005;
Other grounds as mentioned under sections as discussed above.
The applicant gets the opportunity to file his reply after getting objected by the registrar. The applicant needs to file his response within 30 days from the date of objection. If the applicants fail to do so, then the applied mark gets abandoned. So it is essential to file the reply to the examination report issued by the registrar. If the registrar is satisfied with the answer of the applicant, then he may accept the application and publish it in the journal and if he is not then the matter will be decided at the hearing.

So it is advisable to the applicant that he must take the professional consent and guidance before filing the reply to the examination report as they have proper knowledge and experience regarding this.

How we work?

  1. Fill the form & Make the Payment
  2. Get the call from TM expert
  3. Expert will analyze Examination report
  4. Drafting of Objection Reply
  5. Expert will send you the draft for approval
  6. Congratulations! Your Reply is Submitted to the Examiner Online
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Frequently Asked Questions (FAQs)
What is Trademark ?

A trademark is a kind of intellectual property which consists of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

What is meant by trademark 'objected' ?

During the process of registration the examiner should satisfy with the trademark which means the mark should be compelled with all criteria and rules for registration, in case the examiner feels unsatisfied with the trademark he may object the it. He will intimate to the applicant and the applicant need to respond within thirty days and such reply need to satisfy the examiner, on failing to reply the application will be abandoned and failing to satisfy the examiner may reject the application. Hence, reply should be crafted by an expert of trademark and Legal.

Where to get the examination report of trademark objection?

You can get the examination report of the trademark objection on the website of IPI India.

How much times does it take for trademark objection reply ?
TM expert drafts and files a reply within the 3 working days of objection received subject to the availability of the documents
What if I missed my Trademark examination reply deadline ?
As far as the status is showing objected you can be able to file the reply for your trademark objection mentioned in the examination report
What is meant by trademark 'opposed' ?
In case the trademark resembles or infringes any existing trademark or any other reason it might cause damages, in such cases the aggrieved party may file an objection to the examiner and the examiner may solve the issue based upon the parties statements and evidences. When the objection arose the examiner will inform to the applicant and he need to reply within sixty days on failing to do so the applicant will deem to be abandoned.
What is difference between trademarks objected and trademark opposed ?
The Trademark objected will be done by the examiner by questioning on the essential criteria for the registration and the opposed will be done by the third party on the credibility of the trademark.
When a trademark gets objected ?
The reason for the objection can be many either regarding the documents filed or regarding the fulfillment of criteria mandated by the statue and rules
What are the grounds available for objection ?
The objection can be made with respect to the trademark statue and rules, which expressly restrains the registration of the trademark on basis of two ground absolute and relative grounds.
What will happen if the response fails to satisfy the trademark office ?
The response should satisfy the officer on failing to do so, the application will be rejected.
What can be done further if the application is rejected ?
On rejection can approach the Intellectual property appellate board.
Is there any Government fee to file the examination reply ?
No there isn’t any government fee to file the examination reply.
Do I need to physically present for the process ?
No, you don’t need to be physically present for the process, OnlineLegalIndia is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India
Can I use the TM sign for my Trademark or Logo even if the Trademark Objection Examination Report is issued ?
Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.
What is the Trademark examination reply deadline ?
The reply to the Trademark exam report should be submitted within 30 days from the date of examination report raised. If you didn’t file the reply within time, your trademark use rights shall be revoked.
How may I know that the reply has been received by the Registry ?
After the filing reply to the Trademark Objection with the Registry, it will automatically be displayed on the application status in IPR website. Besides, the alert ‘Pending for Reply’ will be removed from the status.
What will happen if I fail to submit reply to the Trademark Objection Online ?
You can submit the reply to the trademark objection report until the alert ‘Awaiting Reply to Examination Report’ is displayed. If you fail to submit reply much after the deadline, your trademark objection status will be marked as ‘Abandoned’.
What we have to do after the application is published in the journal ?
The application is published in the trademark journal for next 3 months, where it can be objected by a third party. If no opposition has been made by the third party, trademark Registration Certificate will be issued by the Trademark Registry.