Trademark Objection in Banaglore

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Online Trademark Objection in Bangalore

A trademark is a unique sound, picture, image etc. that is used to distinctly identify a brand in the market. A trademark gives a distinct identity to the company that helps carve a place for your company in the corporate arena. It is an assurance to your customer about the origin and the quality of your original product. A trademark also makes sure your profits only come to you and your consumers are satisfied. A trademark registration guarantees that an imposter does not infringe various rights granted to you.  The process of trademark registration is mentioned in detail on our site. This article deals with trademark objection.

 Once a person has applied for the trademark, it is the duty of the trademark registrar to register it after complete verification. A report is drafted in this regard after thorough research and analysis. This examination report puts down observations and objections. Trademark objection can be raised on various grounds, which will be discussed further. An individual is allowed to respond to the objections raised. The reasons for trademark rejection are clearly mentioned. It simply means that your trademark is similar to an existing one or in violation of a prescribed rule of the Trademarks Act, 1999. A reply has to be sent within thirty days of the notice of trademark objection. This reply has to be well researched and detailed with a legitimate reply as to why the trademark should be passed. If the same is not done, the trademark is considered abandoned. You have to actively track the status of the registration.

 Bengaluru, having known for its expanded industries, companies, firms etc, is being a hub for rivalry between the similar establishments that give rise to problems relating to trademark. With the huge growth in the competition in the market, Bengaluru compels one to register their Trademark for avoiding future disputes. But registering a trademark itself undergo scrutiny that anyone can raise objections with regard to a particular trademark which must meet out the conditions put forth under the provisions of trademark objection. At company Vakil, get reply for your trademark status objected Bengaluru without stepping out of your house.

 

REASONS TO RECEIVE TRADEMARK OBJECTION IN BANGALORE

There are various reasons you could get a trademark objection. These reasons have to be aptly responded to. The following are the reasons you could get a Trademark objection:

Similar or same Name

If the name is similar to an already registered or a well-known trademark, a trademark objection will be raised. This protects the interests of registered users and brand interests.

Incorrect or incomplete details

If there is an incomplete filing of the form, or the wrong form is filled, the application is cancelled.  If incorrect name or address is filed, there could be trademark objection.

Deceptive

If the name is deceptive in nature, a trademark objection is raised. This means that the trademark can deceive the public in some way like the quality, origin, nature etc. Such trademarks are not good for the public interest.

Descriptive Name

If the words or part of the trademark is descriptive in nature then the trademark objection is raised.

Prohibited Name

The name cannot be in violation of the Emblems and Names act, 1950. There is a section of prohibited names in the Act that is not to be used. If a similarity is found, the examiner is bound to raise trademark objection.

Not Distinct

If the trademark lacks any distinct character, trademark objection is raised.  The whole point of a trademark is to provide a unique and distinct identity to your product/ brand. If the trademark is devoid of any such character, it will be objected to.

Vague specification

If there is a vague specification of the kinds of goods and services provided by the Applicant or the entity, then trademark objection is raised. There should be clarity in the class of goods or services provided by the Applicant.

We can get you a reply for your trademark status objected Bengaluru at Company Vakil.

 

Why have I got a TRADEMARK OBJECTION 

There can be various reasons for receiving a trademark objection. Section 9 and Section 11 of the Trademarks Act, 1999 lists the grounds for this. The former talks about absolute grounds for refusal while the latter talks about relative grounds for refusal. These are discussed further:

Absolute Grounds for Refusal (Section 9)

Trademarks that lack distinct character will not be registered. A trademark has to be unique and distinguishable in the market. Any trademark that designates nature, quality, quantity, geographical location etc. cannot be used. Any marks or indicators that have become customary in the local language will not be used.

If a trademark may be used to deceive the public or is bound to hurt the religious sentiments of any section of the society, it will not be registered. Any prohibited name by any law in India or any scandalous or obscene matter will be refused registration. A trademark will not be registered if the trademark consists solely of the shape of goods necessary to obtain a technical result or the nature of goods themselves or any shape that gives substantial value to the goods.

Relative Grounds for Refusal (Section 11)

A trademark that is similar to an existing trademark may not be registered. If a trademark is registered in the same or identical line of goods and services, it will lead to unhealthy competition. A trademark that is in violation of any Indian law will not be registered. A well-known trademark is protected and nothing similar will be protected. The Registrar has to take into account various factors like the extent of the brand, the duration of recognition etc. It is the duty of the Registrar to protect well-known trademarks against infringement or registration of similar trademarks.

We can get you a reply for your trademark status objected Bengaluru at Company Vakil.

 

 

Process for TRADEMARK OBJECTION REPLY BANGALORE

A trademark objection is not to be worried and should be replied to within thirty days of receiving the notice. We at Company Vakil are one of the best service providers in trademarks and related arena and hence trademark objection reply Bengaluru can be filed. The process requires external help and consists of following steps:

Careful analysis of the grounds

A careful study about the grounds of trademark objection is necessary for drafting a reply. The Trademarks Act, 1999 has to be referred to for understanding the grounds and their extent. A misunderstanding or incomplete understanding of the grounds of refusal will lead to an error in the response. This can further delay the process and cause loss of resources.

Writing Reply

A reply is written and sent to The Registrar against the trademark objection. This reply has to be written in a technical and specific way after a thorough research regarding your case. Precedents in favour of your case have to be cited. This work is mostly and advisably left to legal experts and lawyers to make sure the reply is legitimate and in a correct format.

Sending the reply

The reply has to be sent by the trademark Applicant to the Registrar. If the objection is cleared, the trademark is registered. This leads to better brand value for your entity.

Company Vakil has some of the most skilled Trademarks and IPR experts to help you guide through this process. Our lawyers can handle the registration and objection process while you focus on other things. You can contact us through email, phone and through our website for any further queries. We can get you a reply for your trademark status objected Bengaluru at Company Vakil.

Minimum Requirements for TRADEMARK OBJECTION REPLY ONLINE BANGALORE

Trademark objection is an opportunity for the applicant to present his case and side as to why they should receive the registration. A detailed and well-researched reply is required for the process. The reply can be sent online at the official government portal. Progress and status of the application can be tracked online.

The minimum requirements for the Trademark objection reply online Bengaluru include a well thought out outline and research. Previous cases have to be studied and mentioned. This will help the case in your favour. The research has to be highly detailed and specific to the objections raised. If the objections are raised for non-distinctness, documents supporting the same have to be submitted. If your trademark is similar or identical to an existing trademark, it is an absolute ground for refusal. Such trademarks will not be registered. If a trademark objection is for being religious or indecent, documents clarifying the same have to be attached. Experienced and skilled legal experts are an integral part of the process. This makes sure that your reply is in a professional, legal and legitimate manner. The process is highly specialized and needs technical experts for completion. The reply is to be the incorrect format. Hence, experts in the field of IPR have to be assigned to draft a formal and appropriate reply. A power of Attorney giving authority to the legal expert to handle the case has to be provided. Get your trademark objection reply online Bengaluru without stepping out of your house, at Company Vakil.

 

Documents required for TRADEMARK OBJECTION IN BANGALORE Removal

A trademark objection does not automatically mean a cancellation. Instead of abandoning a trademark, a reply should be sent within the prescribed time to register it. The following documents are required for Trademark Objection removal:

Power of Attorney

This has to be made in favour of your legal expertise to give them the permission to act on your behalf. Since the process is time consuming, meticulous, technical and specified, legal experts are required to watch over the process. There is a need for experience and knowledge in the IPR arena.

Reply

A proper reply has to be drafted against the trademark objections raised. Documents supporting the distinctive nature of the trademark are one example. Previous cases that are similar to and in favour of your case are to be mentioned as part of the reply. The reply has to be done after thorough research and study of the Trademarks Act and leading winds of the field. The reply should be drafted by an expert.

Form

A specified form is to be filled in and sent.

We can get you a reply for your trademark status objected Bengaluru at Company Vakil.

Company Vakil can take care of all your requests for trademark objection reply Bengaluru with professional care and expertise. Contact us today for any guidance, queries or help.

 

ADVANTAGES & BENEFITS OF AN APPROPRIATE TRADEMARK OBJECTION REPLY BANGALORE

Without a reply to the trademark objection, your application will end up being abandoned. This will only lead to wastage of time and effort put into the trademark. There are various advantages to replying to a trademark objection reply Bengaluru:

Unique Identity

Your entity or product gets a unique and distinct identity in the market. This helps in distinguishing your product or brand from similar goods or services in the market. It makes your brand distinct and gives it an individual character. It helps you develop into a renowned entity and attract more consumers.

Protection

The brand is well protected. This protection is guaranteed against various things like infringements. Getting a trademark registration helps in protecting your trademark and brand value. It makes sure that someone else does not skim your profits.  It awards protection to your brand. It assures your customers of the origin and quality of the product.

Exclusive Rights

Trademark registration helps provide you exclusive rights over the usage of the trademark and against any infringement.

Time saving and No abandonment

Replying when you receive a Trademark registration helps in continuing the process. This helps in saving resources and time, as you don’t have to apply again. The efforts spent on applying in the process will also be saved. Instead of abandoning the registration altogether, replying to the trademark objection will help finish it sooner, once and for all.

We can get you a reply for your trademark status objected Bengaluru at Company Vakil.

TIME TAKEN in registration process

1- 2 working days

Checking of Objection status

3 – 4 working days

Reply Filing

FREQUENTLY ASKED QUESTIONS (FAQ's) ABOUT TRADEMARK STATUS OBJECTED

 

1. How much time does it take to clear a trademark objection?

It takes about 4-6 months to clear a trademark objection in India .

 

2. Can the reply be sent online?

Yes, a reply to the trademark objection can be sent online.

 

3. Who is an examiner?

An examiner is a person who is appointed by the Office of the Trademarks Registrar to examine an applied trademark and prepare a report on the same.

 

4. What form is to be filled for trademark objection reply Bengaluru?

Form MIS-R has to be filled in for trademark objection examination reply.

 

5. Can I file a reply after the lapse of thirty days?

Yes, a reply can be filed after thirty days if the application is still showing objection and not abandoned.

 

6. What is the difference between Trademark objection and opposition?

Trademark objection is by the examiner after the filing of the application. The general public does an opposition after the trademark is published in the journal.  An opposition is harder to respond to than an objection.

 

7. Can I respond to the trademark objection myself?

Yes, you can do so but it is not advisable. A thorough research and understanding of the Trademarks Law are needed.

 

8. What is a trademarks journal?

A trademarks journal is issued to make sure that public has the right to oppose. After the trademark objection is cleared, it is published in the trademark journal.

 

9. How is earlier trademark decided?

An earlier trademark is decided based on the earlier date of registration.

 

10. Can a search be made for similar or identical trademarks?

Yes, the online government portal can be used for search of similar, identical and existing trademarks. This is crucial to ensure you don’t accidentally infringe on anyone’s rights.

 

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