Trademark Objection In Hyderabad

TRADEMARK OBJECTION IN HYDERABAD

The  Trademark is a sign or logo which identifies a particular product. It basically distinguishes the one product from another. When an outsider looks at a business, they first look at the trademark where the identity of the product or services lies. In India trademark are registered under TradeMarks Act, 1999. It aims to provide registration and better protection for the services and also prevents fraudulent marks.TradeMark registration is a type of Intellectual Property protection, in which a word or symbol used by a business is distinguished from other symbols or words and registered which make them unique. Once a Trademark application is filed, the Trademark would process the given application and will issue the examination report. Among the outcomes two things are possible, it may raise an objection for the registration of a mark or it may be advertised. The findings of the Trademark Examiner are compiled as Trademark Examiner report.

In cases where the Trademark Registrar raises an objection regarding the particular Trademark that applicant should submit a written reply for the objection raised. This reply by the applicant must contain reasons, facts or any evidence which may prove that the mark must be registered in his favor. If the Trademark Examiner finds the reply sufficient and addresses to all the facts and shreds of evidence are given by the applicant in the particular report, the application would be allowed to be published in the journal before registration.

Hyderabad is well known for it's tourist places and attracts alot if tourists and travellers throughout the year. There are many monuments and tourist places in Hyderabad like charminar, the golkonda fort, qutub shahis tomb, and the falaknuma palace. Along with the great Islamic monuments it also has many shopping and eating places and is famous for spicy delicacies like chettinad chicken, Hyderabadi biryani and khebabs.

REASONS TO RECEIVE VARIOUS TYPES OF TRADEMARK OBJECTION

The various reason for trademark status objected hyderabad are:

1.Use of incorrect Trademark Form: This objection arises when the Trademark application is not made on the proper form.

2.Incorrect name of Trademark applicant: The name must be entered properly in an application, otherwise it would raise an objection.

3.Failure to file Trademark Form TM-48: This form is to be attached when an application is filled by a Trademark Attorney or Agent on behalf of the applicant. The absence of this form would ultimately raise an objection.

4.Incorrect Address on the Application form: If the principal place of business of the applicant or if the applicant’s address for service in India is not mentioned then objection can be raised.

5.Vague specification of Goods and Services: If the specification of goods or services are too vague or accommodates a large variety of goods or services, then an objection can be raised.

6. Similar Trademark exists: In case same or similar earlier trademark of different trademark owner exists, then objection can be raised.

7. Trademark lacks distinctive character: If any trademark lacks distinctive character means it can’t be distinguished from earlier trademarks, then an objection can be raised. Thus it is liable for trademark status objected hyderabad under absolute ground for refusal of Trademarks.

8. Trademark is Deceptive: If the mark is deceptive in the eyes of the public by reason of something inherent or like its use, quality or geographical reason origin of goods and services, then an trademark status objected hyderabad can be raised.

WHY HAVE I GOT A TRADEMARK OBJECTION?

As per Trademark Act,1999 there is only two type of Trademark status  Objected Hyderabad:

1.Section 9 which states the absolute ground for refusal of Trademark.

The grounds are:

No Distinctive Character: If the Trademark is not capable of creating a distinctive mark then this registration is refused.

Descriptive Words: Trademark which directly imparts information like quality, quantity, geographical origin and services rendered are liable to be refused.

If the trademark is not inventive.

If a trademark contains geographical word or names.

A trademark has to be distinctive and it will be lost if it is used by the public at large.

If a trademark contains obscene or scandalous manner.

2.Section 11 which gives the relative ground for refusal of Trademark.

Refusal as to relative grounds means when a trademark is incapable of getting registered due to similarity. The grounds are:

The identity of Goods with Earlier Trademark or Similarity of Goods.

Identity with or Similarity to well-known trademarks.

A similarity of Goods or Services

PROCESS FOR REMOVAL OF TRADEMARK OBJECTION IN HYDERABAD

A Trademark application goes through many stages of scrutiny before the final registration of the trademark. However, many people get confused between Trademark “Objection” and Opposition”. The objection is raised at a preliminary stage of registration by the Trademark Examiner whereas Opposition is raised by any third person who gets affected by the registration of Trademark. A third party can get a status changed from “Advertised” to “Opposed” by furnishing a notice of Opposition.

The process of removal of Trademark status Objected Hyderabad varies in different cases are:

1.Incorrect Trademark name: The application is made on Form TM-1 and it should be corrected on TM-4.The applicant can overcome this objection by filing a request on TM-16.

2.Incorrect Trademark applicant name: The applicant can overcome this objection for a trademark applicant name by filing a request through form TM-16.

3.Failure to file Trademark form TM-48: The applicant can overcome this objection by requesting to correct Trademark application by filing a request through TM-16.

4. Incorrect address on the Trademark application: The principal place of business of the applicant or the applicant's address for service in India should be brought on record by filing a request on form TM-16. It can be overcome by this.

5.Vague specification of Goods or Services: The applicant can overcome this objection by filing a request on form TM-16.

6. Same or similar Trademark Exists: The applicant can submit a reply to objection report by stating that this trademark cited as conflicting is different from applicant's trademark, along with some evidence.

7.Lack of Distinctive Character: It is liable under absolute ground for refusal of Trademarks. It can be overcome by submitting proof to show that it has acquired a distinctive character by virtue of its use.

8. When Trademark is Deceptive: By filing the form TM-16, the objection as to deceptiveness of Trademark can be overcome if the applicant seeks to exclude goods or services from the specification.

MINIMUM REQUIREMENTS OF TRADEMARK OBJECTION REPLY HYDERABAD

The minimum requirements are:

1. It is important that the professional response must be drafted in order to give the reply to the Trademark Objection. This response must address all the concern cited in the Trademark Examination Report.

2. It must contain an answer to the objection raised.

3. It must contain relevant case laws or precedents of the trademark office and support documents to prove inherent or acquired distinctiveness.

4. An affidavit of usage is to be filed.

5.  Supporting documents could also be attached to the report which shows that the Trademark has acquired distinctiveness.

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