Overview

The objection of a trademark must be handled carefully and is considered the most important stage of trademark registration. The trademark registration application process involves a trademark objection. Trademark examiners object to certain goods based on discovery during the examination process. It should be handled with care, and reassuring answers provided to the questions raised; Otherwise, it may lead to rejection of the trademark application. The trademark must not be the same or similar to any third-party mark; It should be separated in every possible way.

Trademark is one of the rights granted to protect intellectual property in India. Rights included under the Trademark Act 1999 include the protection, registration and objection of a trademark with a governmental authority.

Following steps for registration:

• Trademark Verification / Search
• Application filing
• Formalism inspection
• Publication in Journal
• Grant of Registration

A registered trademark cannot be used by any third person without authorization; Thus it protects it from any violation.

About the trademark objection

Once the trademark is applied for registration, it can be objected to by the public, examiner or any other third party. This occurs during the initial phase of the trademark registration process when the examiner makes the objects of the trademark application for several reasons. The objection cannot be the reason for the rejection; However, the registrar seeks further clarification or clarification about the logo and its validity.

Third-parties may also ban trademarks in the name of public interest. Two ways when a public or third party can object to the registration of a trademark:

• When the trademark is published on the Trademark Journal
• If the applicant uses the mark before his registration

When the objection is received, the applicant shall file a comprehensive objection reply within a month or the stipulated time period.

• Get in touch with Trademark Expert Consulting
• Get the exam report and understand it completely. The report should react and mention how and why the objections are not ten qualified.
• Respond appropriately to objections within 30 days from the date of receipt otherwise the application will be dropped. It is important to present the answer within the stipulated time period and in a quick manner.
• Frame your answer clearly and accurately. Make it strong enough with high precision that it can establish the mark's uniqueness, thus making it eligible for trademark registration.

What to do after filing a trademark objection?

• Once an answer has been submitted against an objection raised through an examination report, the registrar will respond to the answer by accepting the trademark or holding a hearing session.
• If a hearing date is given, appoint a trademark advisor or attorney, who will represent you and assert the authority vigorously.
• Contact servzone; We have an experienced group of people who specialize in dealing with trademark objection.

Raised response for trademark objection

After the objection is filed, the applicant is served notice on the basis of such objection. Once the objection is received, the applicant has to follow the following steps:

After the objection is received, the applicant will file a counter statement for the objection raised. Appropriate answers will be supported with rules and documents, such as:

• An affidavit stating the use of the trademark

• Media Advertising

• Proof of trademark availability online

Such reply with supporting documents will be filed online on the trademark e-filing portal.

• Trademark Rejection Receipt

  After the objection is filed, the applicant is served notice on the basis of such objection. Once the objection is received, the applicant has to follow the following steps:

• Objection Answer
• Hearing

  The Authority, when receiving an objection reply, will accept or reject it at its discretion. If the authority accepts the answer, it will proceed to registration and advertisement in the trademark magazine. However, if this is not accepted, or the authority seeks further clarification, the examiner will set a time for the trademark hearing and the same will be communicated through the notice of hearing.

• Trademark Journal

  After hearing the case, a trademark is accepted and given, the same trademark will be published in the magazine. However, during the hearing, if the trademark is denied, the authority will pass a denial order clarifying the reason.

• Review the petition

  On receipt of the refusal order, the applicant can file a review petition within 30 days of the receipt of the refusal order and will specify the reason on which the order should be reviewed.

• Registration
• After the trademark is published in

  magazine, it will remain open to the opposition for four months. In case of receipt of any protest during the specified period, it will proceed towards registration and after that a certificate of registration will be issued which also includes the logo registered with the class in which it is registered.