Trademark Objection In Delhi NCR

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Professional fees Rs 2500.00***

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Trademark status being Objected in Delhi NCR

Trademark objection is a type of intellectual property protection which is used to protect any word or symbol used by a business to distinguish its goods or services from others similar goods or services. In order to register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar who is responsible for processing the application and issuing an Examination Report. Trademark Registry appoints the registrar who is responsible for examination of trademark examination. Trademark examination Report is used to advertise the trademark application before registration. Also, the trademark examiner can raise objection for the registration of the trademark. The trademark applicant can submit a written reply to the Trademark registrar, over the objection raised which contains all the reasons and facts and evidences in support as to why the mark should be registered in favor of the applicant. Any objection to the trademark application can be responded within a month i.e. 30 days.

Trademark offices can raise objections if the trademark application does not meet the norms of the trademark. Trademark objection could be done for similarity between logo or word, descriptive name or design, prohibited name or due to sentiments attached with any religion. The primary causes for trademark objections are vague specification of goods and services, existence of similar trademark; trademark lacks distinctive character, wrong details in trademark application form etc. The application would be allowed to publish in the trademark journal only if the reply by the applicant is sufficient and addresses all the concerns of the examination Report.

The capital city of India, Delhi, is a vibrant city with rich historical background. It houses some of the very famous monuments like- the Red Fort, Rashtrapati Bhawan, Qutb Minar, Jama Masjid, and many more. It holds a political and administrative position since many centuries, till date. It is a fast developing city and so is the concept of Trademark. So it is important to learn about trademark and its related issues.

 

Reasons for Trademark status being objected in Delhi NCR

Following are the reasons for trademark objection in Delhi:-

  • Use of Incorrect Trademark Form

Trademark examiner can raise objection over trademark application if the application is not made on form TM-1. The applicant can fill a request on form T-16 to overcome this objection.

  • Incorrect Trademark Applicant Name

The trademark applicant name must be entered correctly in the trademark application form. In case of incorrect trademark applicant name, there are chances that the trademark examiner can raise objection over the application.

  • Failure to file trademark form TM-48

Trademark Objection requires that the applicant must attach Trademark Form TM-48 with the trademark application form. Failure to attach TM-48 form will lead to objection by the Trademark Examiner. In case if the application is objected by the examiner, the applicant is required to file a duly stamped power of attorney in favor of a particular agent.

  • Incorrect Address on Trademark Application

In case if the applicant fails to specify his address for service in Delhi, he is required to fill a request on form TM-16 specifying his/her principal place of business in Delhi.

  • Vague Specification of Goods or Services

Trademark examiner can raise objections over the trademark application if the specification of the goods is too vague and cannot generalize the product i.e. if the specification encompasses a large variety of goods and services.

  • Same or similar trademark exists

Trademark examiner raises objections under Sec 11(1) of the Trade Marks Act, 1999 if he founds that the trademark applied is similar to trademarks that have been already registered or applied before the Registry of Trade Marks by some third party.

  • Trademark Lacks Distinctive character

If the trademark fails to distinguish goods and service of one person from those of another person then it is liable to be objected by the trademark examiner.

  • Trademark is deceptive

The applicant’s mark must not indicate the goods and services offered and should be distinct in itself. The applicant’s mark is liable to be objected by the trademark examiner if it has the potential of deception of the general public as to the origin of the goods and services.

 

Why have I got a Trademark status being objected in Delhi?

Trademark Registrar is responsible for trademark objection. Generally, trademark objection is carried out by the trademark registrar who examines the trademark application and make search of earlier trademarks which are identical to the marks being examined. Based on the examination, the trademark registrar submits its finding which is compiled as Trademark Examination Report.

Trademark objection in Delhi could be done for the following reasons:

  • Objection Pertaining to Absolute Grounds

Section 9 of the Trademarks Act, 1999 provides for certain marks which are non register-able because of certain inherent problems in it. The absolute ground of objection is provided under Sec 9 where the interest of general public is protected instead of any specific third party. According to sec 9(1) of the Trademarks Act, 1999 a trademark can only be registered only if it is distinctive for the provided goods and services and must not be offensive, generic, deceptive or non distinctive. Thus, it is required that the mark should not be indicating the goods and must be distinct in itself. Also, the mark should not be common to the trade in which the mark would do business after registration. For example: A company selling apples cannot choose ‘Apple’ as the word mark because it is descriptive to the goods offered by the company. However, the company can use the word mark ‘Apple’ for any other product.

If trademark examiner raises objection over the trademark application in the Examination Report regarding the trademark being non-distinctive, the applicant is required to submit a reply to the Examination Report stating that the mark can be distinguished from the goods and services offered. In case if the applicant is claiming that the mark has acquired distinctiveness due to its extensive use related to the goods and services it stands for long time before the application was even made, he is required to produce an affidavit containing evidence of the extensive use of the applicant’s mark.

  • Objection Pertaining to Relative Grounds

Section 11 of the Trademarks Act, 1999 provides for relative grounds for refusal of the trademark by the trademark examiner. Generally, the trademark examiner raises objections under Sec 11 if he founds that the trademark applied is similar to trademarks that have been already registered or applied before the Registry of Trade Marks by some third party. The objections in this category is raised to protect the interest of an individual or a party holding a similar or identical trademark and also to safeguard the interest of general public from confusion or deception as to the origin of the goods or services. 

 

Process for Removal of Trademark status being objected in Delhi NCR

Following processes needs to be followed for filing a trademark objection reply in Delhi:-

  • Trademark Opposition

Once the trademark is advertised in the trademark journal, any person can raise an opposition to the trademark within 4 months of the same.

  • Counter Statement

The trademark applicant has an option to reply to the trademark opposition within two months of the receiving of the notice of trademark opposition.

  • Hearing

The next step in trademark objection reply is that the registrar will call the applicant based on the trademark opposition and counter statement.

  • Registration or Rejection

The trademark application will only be selected if the registrar is satisfied with the trademark applicant evidence. In case if the applicant of trademark fails to provide sufficient documents and evidence regarding the trademark, the registrar has the right to reject the trademark application.

 

Minimum Requirements for Trademark Objection Reply in Delhi NCR

If trademark examiner raises objection over the trademark application in the Examination Report regarding the trademark being non-distinctive, the applicant is required to submit a reply to the Examination Report stating that the mark can be distinguished from the goods and services offered. In case if the applicant is claiming that the mark has acquired distinctiveness due to its extensive use related to the goods and services it stands for long time before the application was even made, he is required to produce an affidavit containing evidence of the extensive use of the applicant’s mark.

Following are the minimum requirements for Trademark objection Reply in Delhi:-

  • Trademark receipt

A copy of trademark receipt containing the details of registered trademark is required.

  • Power of Attorney

If the application is filed by an agent on behalf of the trademark owner, the trademark owner is required to produce a duly signed power of attorney before the trademark office.

Documents requirement for Trademark Objection Removal

Trademark offices can raise objections if the trademark application does not meet the norms of the trademark. Trademark objection could be done for similarity between logo or word, descriptive name or design, prohibited name or due to sentiments attached with any religion. The primary causes for trademark objections are vague specification of goods and services, existence of similar trademark; trademark lacks distinctive character, wrong details in trademark application form etc. The following documents are required for trademark objection reply in Delhi:

  • Copy of Examination Report

The applicant is required to mail a coloured scanned copy of the examination report along with a printed copy of the reply to the trademark office. The applicant can submit the reply to the objection raised in the examination report through online portal of trademark registry.

  • Power of Attorney

If the application is filed by an agent on behalf of the trademark owner, the trademark owner is required to produce a duly signed power of attorney before the trademark office.

  • Documentary Proof

The applicant is required to submit other documentary proofs such as affidavit, permission from another trademark etc.

 

Advantages and Benefits of an appropriate Trademark Objection Reply in Delhi

Trademark objection is a type of intellectual property protection which is used to protect any word or symbol used by a business to distinguish its goods or services from others similar goods or services originating from a different business. The trademark examiner can raise objection for the registration of the trademark. The owner of the trademark is required to clear the doubts raised in the Examination Report through an objection which is to be filed within 30 days from the date of the issue of Examination Report:-

  • Protection

If the objection reply has been filed with clear evidence and proper reply, the applicant has greater chances to receive trademark protection. Once the trademark is registered with the trademark office, the owner of the trademark will enjoy an exclusive right over the trademark for 10 years.

  • Seeking Damages

The trademark owner can seek statutory damages from the court if he/she has successfully replied to the objection raised in the Examination Report. The statutory damages means the court can award special damages to the trademark owner and the owner is not required to prove the actual damages. If not registered, the trademark owner has to prove the actual damages caused for getting an award of damages and profits.

  • Exclusive Right

After the successful completion of objection reply, the trademark owner enjoys an exclusive right over his trademark for a period of 10 years. The trademark owner has a right to initiate legal proceedings against any person for the trademark infringement.

  • Creation of Asset

Intellectual Property is an intangible asset. A successful reply to the objection raised in the Examination Report will create an intellectual property and thus helps the organization to sell or franchise or commercially contract the registered trademark. Registered trademark acts as an important asset for the company and contributes to the goodwill of the company.

TIME TAKEN in registration process

1- 2 days

Checking of Objection status

Full Detail

3 - 4 days

Reply Filing

Full Detail

FAQ, related to Trademark status being objected in Delhi NCR

 

What is the validity of a trademark?

The registration of trademark is valid for 10 years from the date of filing of the application and can be easily renewed by filing a trademark renewal application for another 10 years.

 

When can I use ™ with my trademark?

The government allots TMR number for the trademark application. Therefore, a person can use the ™ mark once the trademark registration has been filed with the Controller General of Patents and Designs.

 

What is difference between a trademark and a copyright?

The main difference between a trademark and a copyright is that trademark is a mark given to a brand in order to protect the brand name, logo or slogan whereas copyright is a protection given to unique contents such as videos, music, books, songs etc.

 

What is Trademark Examination?

Trademark examination is a process where the trademark examiner examines the trademark application. Trademark application was examined for checking whether the trademark is distinctive for the provided goods and services. Trademark examiner can raise objection over the trademark if it is offensive, generic, deceptive or non distinctive.

 

What to do if the Trademark status is objected in Delhi?

If the trademark application has been objected, then a person is required to file reply against the trademark objection within the deadline mentioned in the examination report.

 

How objection on trademark is communicated?

Trademark objection in India is communicated via examination report prepared by the trademark examiner.

 

What is the deadline to file reply for Trademark examination report?

Trademark Objection Reply in Delhi can be filed within 1 month from the date of issuance of the examination report.

 

Who issues Trademark objection Report?

Trademark objection report is issued by the trademark examiner who is appointed by the government at Trademark Registry.

 

Should I hire an advocate to file for reply?

It is advisable to hire an advocate to file for reply because they have better understanding about the legal aspects involved in it. However, the reply may be filed by the applicant directly.

 

What happens if a person fails to file the reply within 30 days of the issuance of examination report?

If the person fails to file the reply within time then his trademark use rights shall be revoked.

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