Trademark Objection

Trademark Objection in Jaipur

Trademark refers to any sign which is used by the businessmen to make sure that their products and services are differentiated from others of the same type. A Trademark can be any sign, design, expression, or even the manufacturer’s name in a stylized font. Basically, any type of written indentation which helps to distinguish the product from others like it and specify that the said product has been manufactured by a particular person or a company may serve as a Trademark.

A Trademark is registered by filing an application for trademark registration with the Registrar of Trademarks. The Registrar of trademarks has a right to approve or reject any registrations applications which come to him. When the registrar rejects an application he does so by raising objections against it. The objection contains the points pertaining to why the particular trademark cannot be registered. Such objections are mentioned in the Trademarks Examination Report which is issued to the applicant after the application is processed.

When such an objection is raised for a trademark registration, the applicant has the right to reply to the objection. The trademark objection reply in Jaipur has to contain answers and justifications as to why the mark should be registered in the favour of the applicant along with all the case laws, facts, evidence and documents and all the supporting evidence, if any, which are to help in the matter.

If the examiner is satisfied with all the evidence and arguments in the reply to the objection and finds all his concerns answered to, he may lift the objection and then the application is published in the Trademarks Journal before it is registered.

It is recommended to employ or take help of an experienced professional in order to reply to the trademark objections as they are familiar with and have expertise on the related trademark laws and case laws pertaining to the matter. This way they are able to file the reply in a better and more effective way of raising the chance of success.

We at Companyvakil help you with the process of drafting proper replies to the trademark objections from Jaipur. Jaipur is the capital of the royal state of India, Rajasthan. Rajasthan is famous for deserts. So naturally, its presence affects the climatic conditions of the place. Therefore, the climate of Jaipur ranges from extremely hot in summer to cool weather in the winters. So the best time when one should visit the pink city is the time from the month of September to the month of March as the weather during this period is extremely pleasant.

Reasons for Trademark status Objected in Jaipur

When a trademark registration application is filed with the registrar of trademarks, an examiner examines the proposed trademark and if he finds some problems with that he raises and issues an objection against the said trademark application known as Trademark Objection. There are two reasons due to which an applicant might receive a trademark objection. They are based on the type of the objection he receives. Those are:

1. Procedural Objection: The examiner raises a procedural objection when there is some sort of technical faults or errors with the trademark registration application filed by the applicant such as goods not falling under the applied class, or any such type of error. These types of objections can be resolved by correcting these objections.

2.  Substantive Objections: Substantive Objections are received by an applicant when there is some issue related to the application which triggers the Section 9 and Section 11 of the Trademarks Act, 1999 which contains the absolute and relative grounds of refusal of registration respectively. Substantive Objections are to be removed by filing appropriate replies to the objections establishing the distinctiveness of the trademark and reasoning as to why the trademark should be published.

Process for Removal of Trademark status Objected in Jaipur

There is a proper procedure for the removal of trademark objections. It is advisable to follow the proper procedure assigned and to employ an experienced professional so that the trademark objection can be removed properly and with efficiency. The steps involved are:

1. First and foremost, the objection raised by the registrar must be carefully read and all the aspects related to it should be properly analyzed. This should be done in the way so that there is no misunderstanding related to the objection as these misunderstandings can lead to the reply to the trademark objection being wrongly filled.

2.  The second step involves drafting of a trademark objection reply in Jaipur, raised by the registrar. The necessary components of a reply are:

 

• The answer to the objection along with the case laws and all the supporting documents stating as to why the trademark must be registered.
• The affidavit of Usage which shows that due to the longtime use of the mark to denote or represent the goods or services, the mark is now considered to be associated with the goods.
• It is recommended to employ an experienced professional for the purpose of drafting the reply who has proper expertise and knowledge regarding the matter.

3. The drafted reply once complete has to be filed online on the trademarks registration site portal.

4. If the reply is found satisfactory by the examiner and he thinks that all the concerns raised in the objection have been addressed to, he allows the application to be published in the Trademark Journal, before it is registered.