Trademark Examination and Objection
While its an important aspect of your business identity, trademark registration can be tricky at times. Every Trademark application passes through several stages before you finally get the nod to have control over your trademarked logo and name.
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Trademark Examination and Objection
While its an important aspect of your business identity, trademark registration can be tricky at times. Every Trademark application passes through several stages before you finally get the nod to have control over your trademarked logo and name. The officer who examines the application and checks for correctness and confirms that it is as per the Trademark Act and its rules can raise an objection at his discretion. from several stages, where Examination by Registry is a crucial stage. An officer would examine the application and check for any errors or correctness of the application confirming to the Trade Marks Act and its Rules.
Once the filing is correct and completed, it is passed on for publication in the Journal. But in cases where there is a conflict the filing, the examiner can alert the applicant of the trademark or the attorney to explain the same. This objection has to be addressed immediately. Failure of reply will lead to abandoning the application and the entire process becomes null and void.
Importance of addressing a Trademark objection
If an objection has been raised in the examination report, its important to promptly respond to it with proper details to address the objection. If the reply is not filed in the stipulated time of 30 days, the application is abandoned and a new application will need to filed all over again. This only delays your brand protection.
A response for trademark objection is important for the trademark applicant as it gives them an opportunity to put forward a strong argument to clarify and justify the application and the information submitted. Experts at EOB will help you with providing a strong case to protect your trademark design.
Some of the most common reasons for Trademark Objections include
- Similarities with an existing Trademarked Name or Logo
- No uniqueness
- Trademark being too generic
THE PROCEDURE
Procedure for Filing the response to objection
There are a series of steps before the company formation is completed. They are listed below for easy reference. The entire procedure takes 10 to 12 working days to complete (Based on standard government processing time).
- Review the objection raised
- Discuss and prepare a response to the objection.
- Draft the response with expert legal advice.
- Submission of the Objection reply
FREQUENTLY ASKED QUESTIONS
Explore Trademark Objection
What does an Objection in the Trademark application mean?
When the assigned examiner finds any specific reasons to object the trademark approval of a particular application, they raise this objection and communicate the same to the trademark applicant. It’s important for the applicant to file a suitable response to the objection. Failing to respond will lead to abandonment of the application.
How will I know when there is an objection to the trademark application?
This is possible by tracking the status of the application from time to time. When the examination is completed, there will be change in status. If the status shows “Objected”, then we seek the details and response to the objection.
Where can I track the Status of the application?
This is the link for trademark registration as well as all things pertaining to the filing: https://ipindiaonline.gov.in/eregister/eregister.aspx
If there is an “Objection”, should one stop using the TM for their trademark or Logo?
There is no need to remove the TM against your trademark or logo when there is an objection. Objection is an opportunity for the applicant to explain the reasons for the objection and satisfy the authorities with valid and justified explanation.
How much time does one get to respond to an “Objection”?
The Objection should be responded to within 30 days from date of raising the Objection. Failing which it will considered as abandoned.
How likely is that a show cause notice may be issued after filing response to the objection?
Its only in rare and exceptional cases that a show cause notice is issued. That is only if the trademark or logo is remarkably similar to an already existing trademark and if the examiner is not satisfied with the explanation submitted for the objection.
Once the application is published in the journal, what happens next?
Having the application published in the journal usually means most part of the process is completed. The application stays in the journal for 4 months during which anyone can raise objection to this application. If there is no objection raised in the 4 months, the registry issues the Trademark Registration Certificate.
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