Rights in the trademark can be assigned through a Trademark assignment agreement. When a tradem...
We Indian people don’t like any kind of objection in our life and this is the matter of trademark objection. Then, how can we bear it? Today, in this article we will tell you about Trademark objection, trademark objection reply, and trademark examination report reply.
So, after rushing here and there you select a trademark for your business and you wait for the seed to flourish but what you get a Trademark Objection from the government. We do understand the level of frustration you face that time and to help that we have written this article on how to deal with Trademark Objection in India where we’ll try to cover all the corners of the ground.
So, let’s start!
Trademark is a seal of protection that protects the identity or uniqueness of the name for products or services that differentiate company’s brand name from others it may be a logo, graphics, photograph, word, sound or even smell. A company after registration should get its brand registration or Trademark registration as early as possible.
Hence, after filing the application for trademark registration, the trademark officials specifically examines the trademark and analyzes the application & the mark and carry out their search. After conducting the complete search they note down their opinions about the trademark, mainly out of the reasons why the applied trademark shall not be registered in the examination report.
These entire trademark objections along with the relevant provisions are stated in Trademark Examination report. These objections should be replied by the applicant within 1 month from the date of receipt of the examination report. This reply is commonly known as the trademark examination reply. To reply to the examination report it is very important to understand the core of Trademark objection.
The Trademark officer can anytime raise an objection to your trademark by explaining various reasons. A trademark could be objected because of an identical name, the likelihood of confusion, descriptive design, prohibited name or detrimental to the existing trademark or the trademark you choose may hurt religious sentiments of some section or is likely to cause confusion among the customers.
And after getting the objection, you must file your trademark objection reply online or offline. The response to this objection should be filed within a month starting from the examination report that has been published online and came to your knowledge. If in case the trademark objection is sent to you or to your lawyer, then, in that case, the reply should be filed within 1 month from when it received. If you don’t follow it the Registrar has the power to abandon your application altogether.
The following are the reason of trademark objection –
The trademark objection would be raised by a trademark examiner who is appointed by the trademark registry to examine the trademark and is authorized with the duty for examination of trademark applications.
The Trademark registry examines a trademark application within a period of 6 months to 1 year from the date of filing the trademark objection. An examination report contains the facts, issue and all other relevant drafts of the trademark which is raised for objection.
Any objection on the trademark registration could be raised by the Trademark officer. The applicant has the opportunity to submit the written reply for the objection raised. The reply to the Trademark Examination report that contains the reason, evidence or facts as to why the mark should be registered in favor of the applicant along with the supporting evidence would be filed.
Hence if any trademark examiner finds the reply well sufficient and addresses all the concerns that are raised by him/her in the examination report, then the application would be allowed to publish in the trademark journal, before Registration.
In a case, if the trademark registrar raises an objection to the registration of a trademark, then the applicant will be given an opportunity of being heard and to submit a written reply for the objection raised. You can also file the trademark objection reply online.
Therefore, filing a response or reply does not amount to the guarantee that your registration will be granted after the raising of the objection. Trademark Registration is a process and registration is provided only after the satisfaction of Trademark registrar where the rejection or approval is based on the facts of each case.
It is very stringent to periodically check the status of trademark application from the processing on the government side after the filing of the trademark application. Trademark registration often requires various time-bound response or action from the applicant. So it is important to keep an eye on the status of the application and follow the action that is required in meantime. You are required to file your Trademark Objection reply in one month from the date of receiving the application of trademark objection.
Trademark journal is an official gazette of the Trademark Registry where every objection, removal, or an application status is published. If the Trademark Examiner thinks and gives a strong impression that the reply to the objection is sufficient and all concerns cited in the trademark examination report are advertised in the trademark journal then it is mandatory to file the reply. While the application is advertised the third party has an opportunity to oppose the registration of the mark.
The reply to the trademark contains the reason, facts, and evidence and strongly argues to why the mark should be registered in the favor of the applicant along with the supporting evidence with it.
If the Trademark Examiner finds that the reply is sufficient and has a strong reason to argue then the Examiner in its Examination report will allow the trademark to get published in the Trademark Journal before the registration.
The Trademark Objection reply fee totally depends upon the status of the objection and the nature of the objection. It is advisable to take professional help while going for trademark objection reply as it involves deep study and research.
Trademark objection reply if filed timely could let the trademark to get registered timely. Once you have the trademark examination report in your hand then just run to us we will file your trademark objection reply on time. We at enterslice have the team of professionals that will take care of your trademark objection reply sincerely.