If a third party objects to the listing of a trademark, it is called TM Objection. Therefore, protecting it is crucial if one wants to maintain its distinct identity. But what if someone stops you from claiming your right? For that, we need to understand the concept of trademark objection.
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How Does Trademark Objection Work?
We will assess the associations of the notice.
The first interview, if needed, will be attended by the lawyers.
TRADEMARK OBJECTION - AN OVERVIEW
A trademark is a logo, tagline, or a mixture of both staging a brand name. Generally, during the trademark registration process, the Trademark Registrar raises objections to the supposed Trademark if it breaks the rules and laws of trademark registration. It could be due to various reasons like an existing brand, offensive to an appropriate religion, deficiency of a distinct pattern, etc. In the event of a TM objection, a comprehensive reply is needed before a month from the date of allotment of the objection.
ADVANTAGES OF A TRADEMARK OBJECTION
Registering a firm offers many advantages. A certified company makes it reliable and improves the authenticity of your firm.
- Gives liability assurance to protect your company’s assets
- More significant capital contribution and more excellent stability
- Improves the potential to grow big and expand
- Protection from personal liability and protection from other risks and losses.
- Attracts more customers Procures bank credits and good investment from reliable investors with ease.
CHECKLIST FOR REGISTERING A COMPANY IN INDIA
Filing an immediate response to a trademark objection, along with supporting proof, has the following advantages.
- Will save the existing Trademark from being rejected and be held for further processing.
- If the stated response cites the mark’s uniqueness, the plausibility of getting registered is high through protecting the brand upon invasion.
- Some organizations start using the Trademark while still waiting for the Brand registration report. It is more helpful to register a trademark application against the Registrar rather than register a new application in case of objection.
CHECKLIST FOR A TM OBJECTION
The Trademark Examiner examines the trademark application to assure the application isn’t in dispute with any trademark rules. A trademark utilization can face objection for any of the following reasons:
Filing Of Inaccurate Trademark Form:
If the application is not filed using the correct form, the examiner will object. For example, Form TM-4 for registration of common marks for goods and services in any class. Form TM-51 for registration of a trademark under various kinds of goods and services.
Insufficient Information On Goods/Services:
When the trademark statement fails to specify in brief the products and services of the company, the Trademark Examiner may deny the request due to insufficient information.
Existence Of An Identical Mark:
The designed Trademark must not be comparable to any mark that already exists in the business. The Trademark Examiner can raise objections under the Trademarks Act, saying that it might confuse the crowds.
Inaccurate Trademark Applicant Name:
Trademark has to be registered on the actual name of the appellant and double-checked for the proper spelling.
Usage Of Deceptive And Offensive Terms:
Trademark signs that include deceptive terms or that try to deceive or mislead consumers with fallacious kinds of products or services will be rejected. For example, an object branded “Vanilla chocolates” that sells chocolate. At the same time, applications registering for trademarks, including offensive terms, will be rejected.
How To File A Trademark Objection reply - A Detailed Process
When an objection is highlighted, the Trademark status in the Indian Trademark Registry will be marked as “Objected.” The following are the steps to register a response in the event of a TM objection:
Step 1: Analyzing TM Objection
The first step includes examining and studying the objection thoroughly, as any uncertainty in mentality can lead to the wrong filing of a reply to Trademark Objection.
Step 2: Drafting Of Trademark Objection Reply
The next step is to select a trademark reply which should cover the following:
- A testimony stating the acceptance of the Trademark in the applicant’s social media channels and website; publicity material; availability of trademarked products on e-commerce sites; advertisement in the media; etc. along with the documentary record for the same
- The response draft is then filed online on the Trademark e-filing portal.
- A proper explanation to the objection is raised by the supporting rule of law, criteria, and judgments confirming the case.
- The change between the conflicting mark and the mark of the applicant.
- Other supporting records and data validate the response.
Step 3: Trademark Hearing
The application will be processed further to register and publish the Trademark Journal if the answer is accepted. If it is not taken, or the Trademark Examiner inquires additional clarifications, there would be a trademark conference, and a notice will notify the same.
Step 4: Publication In The Trademark Journal
If the result of the hearing is positive, the mark will be accepted and can be ordered to be printed within the Trademark Journal.
In the event of a negative outcome, the Refusal Order will be passed, explaining the purpose for the refusal. The applicant can still appeal the order by registering a review request within 30 days from the date of the Refusal Order, specifying the grounds on which the order must be reviewed.
Step 5: Registration
Once your Trademark is published in the Trademark Journal, it will be open to inquiry for four months. If no third-party restrictions are filed within that time, the mark will then proceed towards registration, and the Registration Certification is published. If an objection is filed, the opposition proceedings will occur as per the appointed rules of the law.
required documents of trademark objection
- Examination report
- Authorization letter
- Affidavit of usage
- Trademark hearing notice
- Documentary proof of Trademark in commercial use.
- The duly elected applicant or the attorney-at-law has to appear before the authorities on the scheduled date.
HOW LEGALTOAST WILL ASSISTS YOU WITH THE Trademark Objection Reply PROCESS
Suppose you have filed your Trademark with us. In that case, we will notify you that Your Trademark has been objected to, the Registrar less than a month from the Examination Report’s publication containing the objection. If you are not a consumer, it’s best to reach us within a month from the report’s publication.
Our Legal Team
We will contact our lawyers to know your case and write the correct response and an affidavit (if needed), will submit the answer.
If the Registrar does not allow your initial reply, an interview is scheduled, where the cases are presented in frame. If the court is satisfied with the answer, the objection will be lifted in 18 months.
FAQs on Trademark Objection
There are many various reasons for TM Objection are listed below:
- Usage of disgraceful or impertinent words
- Lack of different signs and words
- Standard and Patriotic resemblances-like flag or sign
- Presence of identical marks in the enterprise
No, registration of a Trademark is not compulsory in India, but it is advisable to do so.
Can track the status of the trademark application here. will display the status as "Objected."
The application for trademark registration can be filed at the registry office counter of the concerned office or given by post. These can also be done online via the E-submission gateways is open on the official website.
It takes 3-5 months approximately to register your Trademark.
The response has to be submitted in 30 days from the date of issuance of the examination report.
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