Appointment

Trademark Objection

Market Price: ₹6499
Kudos Price: ₹2499 incl. all
You Save: ₹4000
Government Fee: Included
Complete By*: 26-04-2024

Our in-house Trademark attorney will help to clear trademark objection in one go.
 

Check Package
Market Price: ₹8400
Kudos Price: ₹3999 incl. all
You Save: ₹4401
Government Fee: Included
Complete By*: 26-04-2024

Our in-house Trademark attorney will help to clear trademark objection in one go.
 

Check Package
Market Price: ₹8999
Kudos Price: ₹4999 incl. all
You Save: ₹4000
Government Fee: Included
Complete By*: 26-04-2024

Our in-house Trademark attorney will help to clear trademark objection in one go.
 

Check Package

Overview

What is Trademark Objection?

Trademark objection does not mean that your trademark has been rejected. Trademark is considered to be intellectual property. Trademark is a unique sign, symbol, name, design, slogan, etc. that gives a unique identity to a product. Trademark registration is intellectual property protection that saves one from infringement.

Trademark is registered with the authorized registrar by filing the trademark registration application in the set format along with prescribes documents. After this, the registrar goes through the authenticity of the application and the documents. In case, the registrar finds the application unsatisfactory due to any of the grounds, the application can be rejected and this is called Trademark objection.

  • Trademark objection can be on many grounds, some are:
  • Trademark is similar to a prevailing trademark
  • Violates any law or order
  • Trademark is offensive
  • Trademark creates unnecessary confusion
  • Trademark does not reflect your line of business

In the case wherein an objection has been raised for the trademark, the applicant shall submit the reply within 30 days from the date of the objection raised. The reply must contain all the reasons along with the shreds of evidence where necessary that may satisfy the registrar to register the trademark. If the registrar found the reply enough to satisfy his queries, the trademark will be registered.

Benefits

Benefits of the Trademark Objection

1. Protects from Rejection:

Trademark objection gives room for correction thus saves it from being rejected.

2. Cites Uniqueness:

The reply to the objection contains all the evidence and reasons proving the trademark unique.

3. Saves from Fresh Filing:

Trademark objection allows saves the applicant from filing a fresh application.

LISTICLES

Documents Required

  • Letter OF Authorization
  • Affidavit of usage
  • Examination report
  • Hearing notice of Trademark
  • Documentary proof that the Trademark is used commercially
  • In case of hearing, the applicant or the authorised attorney must be present

CHECKLIST

Reasons for Trademark Objection:

The reasons behind Trademark objection can be as follows:

Incorrect Trademark Form

If the applicant has filed the wrong trademark form, the objection will be raised. To get a trademark registered, the applicant should file FORM TM-1, In case of goods and services covered under a class, the application can be corrected as TM-4 with a request made in TM-16.

Corrective Measures: File a request to correct the application on Form TM-16.

Incorrect Applicant Name

Trademark objection can be raised by the registrar if the trademark applicant's name is incorrect.

Offensive and Deceptive Terms

In the case where the trademark is found to be deceptive or misleading, the objection can be raised. The trademark must be unique as well as shall abide by the line of business. It should not mislead the clients with a false description.

Insufficient Information

When the applicant fails to furnish enough information about the goods and services in the trademark application, the registrar is more likely to object.

Identical Trademark

The most likely reason for the trademark objection is an identical mark. If the trademark is found to be similar to any existing trademark in the industry, the objection will be raised. Thus, the trademark must be unique and depict true business purpose.

Incorrect Address on the Trademark application

If the address of the business place furnished in the application is incorrect the application will be rejected.

Corrective measures: The address can be corrected by filing a request in Form TM-16.

PROCESS

How to File A Response for Trademark Objection?

Kudos Startup helps to remove the Trademark status "Objected" by following the detailed process:

Step 1: Analyzing

The first step is to study the objection carefully. Any ambiguity in response can lead to incorrect filing of the response.

Step 2: Drafting

After a careful analysis of the objection, the next step is to draft the response. The response shall include:

A satisfying answer to the raised objection is supported by enough reasons and evidence to validate the response filed.

The answer shall abide by the laws and rules controlling trademark registration.

In the case of a similar mark, the strong points of difference between the applicant's mark and the conflicting trademark.

An affidavit to use the trademark on various platforms by the applicant.File the Trademark response online on the e-filing portal

Step 3: Hearing

In the case, if the response is rejected and demands more clarifications then a hearing will be scheduled. The applicant will receive the notice notifying the details of the hearing.

Step 4: Publication In The Trademark Journal

If the applicant was able to seek out the queries in the hearing, the registrar will accept the mark. If the outcome is negative, the registrar will pass the refusal order. This case also allows the applicant to file a review petition within 30 days from the date of issuance of the Refusal order

Step 5: Registration

The trademark can be verified within the scrutiny period of four-month once published in the Trademark journal. The mark will be fostered towards registration if no third party oppositions were filed within the scrutiny period. Once the Trademark is registered, the applicant will receive the Trademark Registration Certificate.

HOW KUDOS STARTUP WILL HELP YOU?

Kudos Start up will help in filing Trademark Objection Response:

Intimates you:

If your trademark is filed by Kudos Startup we will keep you updated in case of objection within a month from the publication of the report. If you are a new client, reach us as soon as you get the "objected" for your trademark.

Legal Team:

Your case will be handled by one of the best lawyers in our team. They will stay in touch with you throughout the process of registration.

Trademark Registration:

We will submit the first response to the objection. If the first response is rejected we will help you with the hearing process and will try the best to get your trademark registered easily.

Fill out our contact form and let us lift your Trademark objection online.

Pricing

Basic

₹2,499
  • Drafting & filing reply for Objection
Get started

Growing

₹3,999
  • Drafting & filing reply for Objection
  • Filing TM-48
Get started

Premium

₹4,999
  • Drafting & filing reply for Objection
  • Filing Trademark Rectification
Get started

FAQ's

  • What is trademark objection?
    A trademark objection can be due to various reasons like any discrepancy in documents filed or the similarity/resemblance with the existing trademark registered as well as application filed. The trademark examiner should be satisfied that the trademark application is fulfilling all the rules and regulations as per the Trademark act 1999.
  • The time period of 30days is provided to file the reply of trademark objection raised by the examiner.
  • It may take 3-7 days to reply a trademark objection by the trademark attorney.
  • The trademark objection is raised by the examiner whereas the trademark opposition is done by a third party who feels that it can create confusion among public with existing registered trademark which may lead to dispute.

Get in Touch

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