Trademark Objection

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What Is Trademark Objection Reply?

Trademark Objection is all about issue regarding the trademark ,that is if any one apply for trademark registration and in that trademark words or logo is matched with other trademark that is registered. Trademark registration is a intellectual protection of trademark ,under which a text or visual symbol is used for the business to distinguish its services or products.for registering a trademark you have the follow a procedure ,and its take time of 15-20days. The trademark registered under Trademark Act 2000 will be valid only in India. However in some countries

trademark registered in India can be used as a base for registering trademark in that country. Trademark Objection Comes due to various reasons.their are some reasons to avoid this: Avoid duplicity ,because its generate copyright issue. Make that trademark which Couldn’t be hurt religious sentiments Trademark must be unique with slogans, words and color combination with the existing trademarks. If in any case u received trademark objection, you have to respond back with n a month. you will have to receive a proper legal documents from the concerned department. But if u don’t get any paper then your application is processed further. There are two key types of objection which may be made against your trademark; Those raised by the Registry Those raised by third parties.

Registry objections are generally based on genuine or absolute grounds. there are few firms who are help to design your trademark and avoid objection.TM mark can be used with trademark after allotment of TMR number from the government.

Top Reasons for Trademark Objection

The following are the top reasons for trademark objection:

A. Use of Incorrect Trademark Form

In case the trademark application is not made on the proper form, an objection as following is raised by the Trademark Examiner.

B. Incorrect Trademark Applicant Name

The trademark applicant name must be entered properly in an application, as suggested in this article. In case of incorrect trademark applicant name, the Trademark Examiner would raise an objection

C. Failure to File Trademark Form TM-48

henever a trademark application is filed by a Trademark Attorney or Trademark Agent on behalf of the applicant, Trademark Form TM-48 must be attached. In case of Form TM-48 is not attached or incorrectly executed, the Trademark Examiner would raise and objection

D. Incorrect Address on Trademark Application

In case a trademark application has not mentioned the principal place of business of the applicant, or if the applicant’s address for service in India is not mentioned.

E. Vague Specification of Goods or Services

In a trademark application, if the specification of goods or services is too vague or encompasses a large variety of goods and services in a class, then an objection can be raised.

F. Same or Similar Trademark Exists

In case, same or similar earlier trademarks of different trademark owner are found on records in respect of the same or similar description of goods or services; then an objection is raised.

G. Trademark Lacks Distinctive Character

Trademarks which are not capable of distinguishing the goods/services of one person from those of another person are devoid of distinctive character and thus liable for objection under absolute grounds for refusal of trademarks. 

H.Trademark is Deceptive

An objection can be raised by the Trademark Examiner, if the mark has the potential for the deception of the public by reason of something inherent in the mark itself or in its use, like nature, quality or geographical origin of the goods or services. An objection as to deceptive trademark can be overcome if the applicant seeks to exclude goods or services from the specification by filing Form TM-16.

What is the difference between TM, SM, ®, © ?

You recognize a registered trademark by a symbol of a circle-R followed by a trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but whenever you mention your intellectual property in print, it is a best practice to use Circle-R or Circle-C for copyright. These symbols give the legal basis for claiming damages in trademark litigation. The following is a list of some specific signs that you can use on a web page, in written content, or even in a marketing letter.

TM: The TM sign shows the brand name for unregistered trademark classified as a product (classes 1 to 34). Swami uses this symbol to mark what they believe is their brand mark.
The SM: SM symbol is similar to the TM symbol except that it bears a service mark (classes 35 to 45).
®: ®: Use the ® symbol after entering the trademark or service mark. This indicates that the country authority has approved the registration.
©: Use the © symbol to mark a copyright. The term is a replacement sign to follow with the year of copyright, publication and owner’s name. Use whether the work has received copyright registration or not.
Patent Pending: The phrase patent pending shows that you have filed a patent application but cannot guarantee approval of the application.

How should I select a trademark

  • If it is a word it should be easy to speak, spell and remember.
  • The best trade marks are invented words or coined words.
  • Please avoid selection of a geographical name. No one can have monopoly right on it.
  • Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
  • It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market.

Required Documents

Applicant office


Applicant’s / Company Name


Business Type


Business details


Brand/logo/slogan name


Office / Business address

Basic

1499
  • Free Trademark search report
  • Apply for trademark registration in one class and track status
  • Update Status

Standard

1999
  • Apply for trademark registration in one class and track status
  • MSME Registration
  • GST Registration
Popular

Premium

2999
  • MSME Registration
  • GST Registration
  • Apply for trademark registration in one class and track status
  • Free trademark objection Reply file

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FAQ

The objection on trademark is communicated to you via examination report which is prepared by the examiner of the trademark applications. you can download the report from the IPR website

You can get the examination report of the trademark objection on the website of IP India.

legalstartup drafts and file a reply within the 2 working days of objection received subject to the availability of the documents

As far as the status is showing objected you can be able to file the reply for your trademark objection mentioned in the examination report

After filing the trademark objection reply, it can take up to 7-8 months for the examiner to check the reply filed. The status will be changed only after the examiner’s analysis & check up

No there isn’t any government fee to file the examination reply

The main difference between trademark objection & trademark opposition is that the objection arises at the preliminary stage that is at the time of filing of a trademark application while the trademark opposition is filed at later stage when the trademark is advertised in trademark journal.

Yes legalStartup is an online platform serving all over India no matters wherever you are doing business all you need is internet connection on your mobile or desktop and we are ready to get your job done

No, You don’t need to be physically present for the process, legalstartup is an online catering platform all you need is an internet connection in your phone/computer and the required documents

The applicant must file legal reply drafted by professional within 30 days in order to rebuttal the objections raised and clarifications required by the Trademark Registry. If you didn’t file a reply within time, your trademark use rights shall be revoked.

Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.

Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.

After the filing reply to the Trademark Objection with the Registry, it will automatically be displayed on the application status in IPR website. Besides, the alert ‘Pending for Reply’ will be removed from the status.

A show cause notice will be issued in case trademark Objection needs further clarification. However, the chances of getting a show cause notice are very rare. It is issued only if the examiner is not satisfied with the reply filed.

After the filing reply to the Trademark Objection with the Registry, it will automatically be displayed on the application status in IPR website. Besides, the alert ‘Pending for Reply’ will be removed from the status.

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