Evaluation of trademark objection
The objection must be carefully examined and observed as any ambiguity in interpretation will lead to incorrect filing of the Trademark Opposition Answer.
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Trademark Objection
A trademark is any unique word, logo, photograph, slogan or even smell associated with a product or service that distinguishes it from others.
But owing to any legitimate reasons, trademark offices can have objections to any trademark application which does not follow their legal norms. There may be several grounds for objecting to a trademark. That may be because of the resemblance of a slogan or term to the current one. That could be because of the sentiments associated with any religion. There are a few factors that could contribute to opposition to a trademark. If you get some objection like this from another side, then you need to reply back within a month that is within 30 days. You will receive a proper legal objection letter from Trademark department.
Advantages of a trademark objection- Avoid Rejection: The existing trademark will be saved from rejection and can be considered for further processing and amendment.
- An appeal is filed, not a new application: It is better to file an appeal in case of objection rather than to file a new application.
Trademark Objection Process
STEP-1
STEP-2
STEP-3
STEP-4
STEP-1
STEP-2
Objection submission
The required objection will be drafted by us and file it with the registrar.
The required objection will be drafted by us and file it with the registrar.
STEP-3
Acceptance and Advertised
If the response is approved, the submission will be further processed in the Trademark Journal for registration and ads. It will be open to scrutiny for four months. If no oppositions are filed within that period the mark will be proceeded to registration.
If the response is approved, the submission will be further processed in the Trademark Journal for registration and ads. It will be open to scrutiny for four months. If no oppositions are filed within that period the mark will be proceeded to registration.
STEP-4
Registration
The Registration certificate is issued.
The Registration certificate is issued.
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Documents Required for Trademark Objection in India
What do you get
FAQs for Trademark Objection
The status of the brand name application can be followed here. The status will be shown as “objected”.
Trademarks are rejected due to one or more of the following reasons:
- Usage of scandalous or offensive words
- Absence of unique signs and terms
- Official and Patriotic resemblances-like flag or emblem
- Existence of identical marks in the industry
The reaction must be submitted 30 days from the date of issuance of the assessment report.
company Consultant professionals can help file extension thirty days after the deadline.
Yes. An affidavit mentioning the usage of the Trademark has to be submitted mandatorily.