What does Trademark Objection mean?
The status of trademark objection is required to handle with precautions and even recommended to hire a trademark consultant who will deal with the same in an ease and professional manner by making reply to the query raised by third party as it is the most critical stage of getting a trademark registration in India. On the basis of examinations of the records, trademark examiner raises the objections in case such examiner is not satisfied with the records. The trademark must not be similar to the other’s registered trademark, rather it should be unique so that it is able to distinguish the company and its brand otherwise, it can be objected by the registrar.
On what basis Trademark Objection come into existence?
- Where there is any similarity in the logo or word or the trademark for which the application has been filed with the other registered trademark.
- Where there such logo trademark or word is in existence already.
- Where such trademark of logo, brand hurts the sentiments of any religion.
- There should either be inherently distinctive (and not similar to any earlier existing mark) or ‘acquired distinctiveness’ of the trademark through its usage.
- Where there is any wrong filling of Trademark Registration form Online in India;
- Arbitrary specification of the Goods and Services;
- Where the NICE Class heading is not properly mentioned in the form or specification which is given by the Registry
- Where trademark description is not completely filed.
- Where the application is filed with the incorrect details;
- Where Classification of Trademark Class have been wrongly entered,
- Where there is phonetically similarity to the existing Trademark applied to the Registry.
NOTE: Proper and correct knowledge is required while registering the trademark in order to avoid the errors however the opportunity shall be provided for the above stated reasons.
On what basis application for Trademark Registration can be rejected?
Here are some cases due to which application for trademark registration can be rejected;
- Where the name is used by the company is against the Emblems and Names (Prevention of Improper Use) Act, 1950
- In case the mark selected is not able to distinguish the goods or services of a certain company with the other company.
- In case the marks or indications which have become customary in the current language or in the bona fide and established the practice of the trade;
- Selected mark would result in public deceiving and would create confusion among people.
- Where such mark is likely to hurt the sentiments of the religion of any class or section of the citizens of India;
- Scandalous or obscene matter is represented by the mark selected;
It would take only 5 - 10 working days by the India Financial Consultancy Corporation Pvt Ltd to draft and file the trademark objection reply.
What services are offered by India Financial Consultancy Corporation Pvt Ltd in relation to Trademark Objection?
Our services for Trademark Objection:
- Drafting of Trademark objection reply.
- Where applied, a advocate appearance.
- Formats and drafting of Legal agreement format and set of legal documents which are required by the start-ups.
- Updated and latest information regarding the changes introduced by the government on timely basis.
- Sample / Format of Trademark objection.
- Legal consultancy, Compliance calendar whichever are applicable to your establishment.
- Proper guidance regarding how to reply to a trademark objection.
- Goods and services Tax Registration (GST), Company Registration, Micro, Small and Medium Enterprise registration (MSME), Trademark registration, Shop and establishment act registration, financial services and many other services are offered by the India Financial Consultancy Corporation Pvt Ltd.
Fees compliances for Trademark Objection
Trademark objection reply
INR. 4999 (Excluding GST) + Government Fees (Online 2700+ GST and Offline 3000+GST)
Trademark objection reply + End to end follow-ups
INR. 9999 (Excluding GST) + Government Fees (Online 2700+ GST and Offline 3000+GST)
What to do in case “objected” status is reflecting after filing of application for trademark registration?
- You need to consult from a trademark expert.
- Examination and proper study of the report shall be done by us and we will respond accordingly on your behalf.
- Examination report which is drafted on the basis of response to the objections is required to be provided within a period of 30 days from the date of receipt of the said report otherwise the application shall be rejected. Hence it is required to file the observation in a careful manner.
- Reply or response to the objection raised must be clear, competent enough and should be capable to distinguish the mark with the other company’s mark and should be eligible for trademark registration.
What is the procedure after Filing Trademark Objection?
- Hearing session shall be organized in case the registrar or the examiner is not satisfied with the submitted reply against the objection raised otherwise the trademark shall be accepted by the registrar / examiner.
- In case further hearing is held, you need to hire a trademark consultant such as advocate, or expert for the trademark registration is required to be hire in case of further hearing.
- Handling of trademark objection can be done by the India Financial Consultancy Corporation Pvt Ltd.
Frequently Asked Questions about Trademark Objection
Where the reply to objection raised is correctly filed by the applicant and the examiner / registrar is satisfied with the reply. Opposition stage comes after that in which third-parties have an opportunity to oppose the registration of the mark in this stage.
In order to protect the company from any legal proceedings, it is always advisable to register for trademark, however such registration is not compulsory.
- Form TM-48 (Power of Attorney).
- Within the period of 3 months from the Indian filling date, application’s certified copy is required to be submitted which is the basis of the convention priority.
- Mark’s clear print or 10 prints of color mark.
- List of all Items/ Goods to which the Trade Mark/ Service Mark is applied or proposed to be applied for.
- Country’s list along with the date, where the Trade Mark/ Service Mark has already been applied for.