Steps
Just fill the form and our CA's will contact you regarding the Trademark Objection.
The brand name analyst examines the application's correctness in an endless supply of it. The following reasons can be used to object to a trademark's status:
The examiner can object If the candidate applies for trademark registration by filing the wrong form.
Examiner double-checks for the accuracy of the candidate’s name; the name must be similar to what is given in PAN. Subsequently, it is necessary to cross-check the spelling of the name twice.
If a trademark name or logo utilized is tricky in nature or usage of any misleading term that gives a false description about the product shall be dismissed.
Trademarks will not utilize any offensive term which can prompt the rejection of the trademark.
When the trademark application failed to mention necessary information, in brief, the trademark examiner may reject the application based on such grounds.
The examiner must provide justification for the tm objection if the proposed trademark is identical to or confusingly similar to a registered logo.
Steps To File a Trademark Objection Response in a Detailed Process
The trademark's status in the Indian Trademark Registry will be changed to "Objected" when an objection is made. These are the following steps to file a response in the event of a trademark objection process:
Step-1:Analyzing Trademark Objection
The initial step includes investigating and examining the objection cautiously, as any ambiguity in understanding can lead to mistaken documents of Trademark Objection Response.
Step-2:Drafting Of Trademark Objection Response
The next step is to draft a trademark objection response which should incorporate the following:
- An appropriate response to the tm objection reply raised with supporting principle of law and points of reference and decisions supporting the case.
- Other supporting records and proof that approves the response.
- An affirmation expressing the use of the trademark in the candidate's website and online media channels; publicity material; accessibility of trademarked products on web-based business destinations, promotion in the media and so on along with the narrative evidence for the equivalent.
- The contrasts between the clashing mark and the mark of the candidate
- The draught of the answer is then recorded electronically using the Trademark e-filing gateway.
Step-3:Trademark Hearing
The application will be handled further for registration and notification in the Trademark Journal if the submission is acknowledged. If it is not accepted, or there are extra explanations looked for by the Trademark Examiner, there would be a trademark hearing planned and the same will be informed with a notification.
Step-4:Publication In The Trademark Journal
If the conference's outcome is favourable, the mark will be recognised and a
request made for it to be published in the
Trademark Journal.
In case of a negative result, the Refusal Order will be passed, clarifying the
purpose behind the refusal. The candidate
actually would have the choice to request to appeal the order by filing a review
petition within 30 days from the date
of the Refusal Order mentioning the grounds on which the request must be
inspected.
Step-5:Registration
When the trademark is distributed in the Trademark Journal, it will be available for examination for a time of four months. The mark will proceed toward registration if no third-party oppositions are documented during that time frame, at which point the Registration Certification is issued. If any trademark registration status objection is recorded the opposition procedures will happen according to the recommended rules of the law.
The trademark examiner looks into the trademark application to make sure it complies with all applicable trademark laws. A trademark application confronts complaint about any of the following reasons:
The examiner would raise an objected status in Trademark if the application is not filed using the correct form. For example, it is Form TM-4 for registration of aggregate marks for merchandise and enterprises in any one class. Form TM-51 for registration of a trademark under various classes of merchandise and enterprises.
Trademarks have to be documented on the genuine name of the applicant and double-checked for the correct spellings.
Trademark names that incorporate deceptive terms or that which try to deceive or mislead customers with false descriptions of items or administrations will be dismissed. For example, an entity branded 'Vanilla chocolates” that sells chocolate flavors might be extremely deceptive. Simultaneously, applications registering for trademarks containing offensive terms will be rejected.
It is highly likely that the Trademark Examiner may dismiss the application because of the unclear information when the trademark application neglects to mention in detail the items and administrations of the business.
UThe expected trademark should not be similar to any mark that as of now exists in the business. The Trademark Examiner can bring up criticisms under the Trademarks Act expressing that it may create confusion among the majority.
