Trademark Objection

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File reply to your trademark Objection

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Get reply to your trademark objection without stepping out of your house. Email us the required documents and let us do the rest.

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Total Cost with Breakdown

Government FeeRs 0.00*

Professional fees Rs 2500.00

TotalBuy NowRs 2500.00

*in some cases government fees is Rs 1000.

Trademark Objection in India

A Trademark distinguishes the goods of a manufacturer or trader from similar goods of others and therefore, it seeks to protect the interest of the trader as well as the consumer.

Registration of a trademark is initiated by filing an application with the Registrar of Trademarks.

The Registrar would then process the application and issue an Examination Report.

The registrar can approve or raise objections regarding to the Trademark if he finds necessary to do so. The points as to why the trademark cannot be registered are set out are contained in the objection.

Matters in which an objection for registration of a trademark is raised by the registrar, the applicant has an opportunity to submit a written reply for the objection raised. The objections are mentioned in the Trademarks examination Report.

The reply to the Trademark Examination Report must contain reasons, answers to the objections raised, and relevant case laws, supporting documents, facts and evidences as to why the mark should be registered in favour of the applicant along with supporting evidence, if any.

If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

It is always advisable to hire a professional for drafting a reply in case of objections as they are expertise with relevant trademark laws and case laws that are pertinent to file the reply efficiently. Reply your trademark objection from Jaipur, Mumbai, Bangalore, Tamilnadu, Gurugram, GOA, Haryana, Gujarat, West Bengal, assam, Pune, Kerala, Ahmedabad, Delhi, Indore, Kolkata, karnataka, maharashtra, uttar pradesh, telangana, coimbatore, patiala, chennai and other cities in India.

What is Trademark Objection?

Sometimes, due to various reasons like similarity in the logo or mark, any discrepancy in the use of the mark, the trademarks Registrar can raise objections.

Objections are only raised when the application is analysed and researched thoroughly. The points as to why the trademark cannot be registered are set out in the form of objections.

A response to the objections raised must be filed in writing within one month of the publication of examination report. This reply is known as trademark examination reply.

The objection needs to be considered seriously and a reply must be filed by the owner strictly within the stipulated period. Failure to do so shall result in cancellation of registration of the trademark.

Proper clarification along with evidence is needed to be provided to the registrar in case of any discrepancies.

If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

Why Respond to a Trademark Objection

Once the registration status of the trademark shows “ objected ,” the next step to be taken by the applicant is to obtain the examination report and respond to the same, elucidating how the objections are not tenable

A response to the objections raised must be filed in writing within one month of the publication of examination report.

Failure to file a reply to the objections raised may result in cancellation of registration of the trademark.

So, the answers to the objections raised are to be framed with sufficient and relevant case laws and expertise.

The process of overcoming objections is quite crucial for registration of a trademark. Hence it is of vital importance that the response to the objections is clear and thus establishing the distinctiveness of the mark, thereby showing that it is fit to be registered.

A good examination reply negates the chances of hearing and hence helps in accelerating the trademark registration process.

Responding an objection for the registration also ensures your brand and image protection in the market facilitating recognition from the customers who have already been used to the brand.

Procedure for Trademark objection

  • The primary step involves studying carefully and analyzing of the objections raised by the registrar. Any mistake or ambiguity as to understanding the objection raised may lead to wrong filing of trademark objection reply.
  • The second step is to prepare a trademark objection reply. This includes drafting of the reply. The reply must contain :

    1. An answer to the objections raised. Relevant case laws Supporting documents to prove inherent or acquired distinctiveness.
    2. An affidavit of Usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage.
    3. It is crucial that the response to the objections is clear and thus establishing the distinctiveness of the mark, thereby showing that it is fit to be registered.
    4. Drafting of reply needs proper expertise and knowledge so it is advisable to hire an expert attorney for the same.

  • Once, the reply is drafted it needs to be filed online on the portal of trademarks registration site.
  • If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

Trademark objection Cost/ Fee

  • A well drafted reply for trademark objection can be filed through company vakil`s competent professional team at a reasonable cost of Rs 3,500.

Documents Required for Trademark objection

All the Documents are required only in scanned form, you can attach the document in the form after payment or email it to us on documents@companyvakil.com . Feel free to get in touch for any query.

Trademark objection is a matter of drafting and proving the distinctiveness of the mark that it is fit to be registered.

So, the documents required are minimal which includes a properly drafted Trademark objection reply containing:-

  • An answer to the objections raised.
    Relevant case laws
  • Supporting documents to prove inherent or acquired distinctiveness.
  • An affidavit of Usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage.

And a Power of Attorney along with the form to be filed for answering the objections.

Trademark Objection Report

Trademark Receipt

Attorney

Power of Attorney

what will you get?

TM Objection Reply

TM Objection Reply

An Objection Reply specifically drafted by CompanyVakil Legal Experts/Lawyers.

total time taken

1- 2 working days

Checking of Objection status

3 – 4 working days

Reply Filing

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We provide variety of services such as Company registration, trademark registration, copyright, SSI, GST registration, Import Export Code Registration, Trademark Renewal, Patent Registration etc. Get Trademark Report from from Jaipur, Mumbai, Bangalore, Tamilnadu, Gurugram, GOA, Haryana, Gujarat, West Bengal, assam, Pune, Kerala, Ahmedabad, Delhi, Indore, Kolkata, karnataka, maharashtra, uttar pradesh, telangana, coimbatore, patiala, chennai etc with Companyvakil.

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frequently asked questions

Trademark Objection

What is a Trademark Objection?

It means a refusal to a Trademark by Examiner through issue of an Examination Report for the Trademark Application.


What is the Time Limit to Reply to a Trademark Objection?

Trademark Objection has to be replied within 30 days from the publication of Examination Report.


Major Reasons for a Trademark Objection?

Following are the reasons for the same :-

1. Similarity of a Trademark to an existing Trademark.
2. When it’s a Deceptive Trademark.
3. Use of Offensive Words, symbols or Images in a Trademark.
4. Goods and Services specifications not defined clearly.


What is meant by a Trademark Objection Reply?

Trademark Objection Reply is a response to the Objections raised by the Examiner in his/her report.


Difference between Trademark Objection and Trademark Opposition?

Trademark Objection is raised by the Examiner of Trademark Registry whereas Trademark Opposition is raised by a 3rd party (at the time when Trademark is advertised in the Journal).


Importance of Filing a Trademark Objection Reply?

A trademark Objection reply is filed to waive of all the Objections raised by the Examiner, by listing down all the reasons, facts and evidences against such Trademark Objection.