A trademark is equivalent to the intellectual property of a company and hence requires proper clearance before registration. Once the trademark registration application is filed with the Trademark Registrar, it undergoes various checks and examinations. As an application is processed, an Examination report is prepared allowing the applicant to advertise the logo/symbol with TM before registration.
When the trademark application is advertised, according to the Trademark Act 1999, any individual reserves the right to raise an objection and file a notice against the trademark application within the period of four months from the date on which the mark was advertised or re-advertised in Trademark Journal. Once the objection is raised, the applicant has to respond with proof of originality of the mark and file a counter statement within two months.
The objection will be lifted if the Trademark Registrar is satisfied with your response, else an interview might be scheduled for you to present your arguments in person. It is important to respond to a legal objection letter against the mark within 30 days, failing which the Trademark Registrar reserves full rights to abandon your application.
Professional expertise plays a major role in case Trademark Objection and hence TaxPro Experts extends her knowledge in helping you to handle the issue. We can help you respond to the objection raised against your Trademark Registration. 10-15 days is the average time taken for drafting and filing a trademark objection reply after submission of all the documents, subject to government processing. Get a trademark consultation by scheduling an appointment with TaxPro Experts.
While the trademark objection is instituted by the trademark examiner (after thorough examination of the filed trademark), the trademark opposition is raised by any third-party. This third-party could be a company (owning a similar trademark registered or filed previously) engaged in the same or different field of business than the field of the applicant company, or any person who feels that the registration of the proposed trademark of the applicant is likely to harm his/her business or the public at large in anyway. The interested opponent has to file the application for trademark opposition within a period of Three Months, counted from the date of publication of the proposed trademark in the Indian Trade Marks Journal. However, the opponent is essentially required to present justifying and convincing grounds for his opposition, which could be any or more of the above-mentioned grounds, or plagiarized themes, partial or objectionable extent of duplicity, possibility to cause confusion amid consumers, and so on.
In case, when there is no objection from the concerned Trademarks Registry Office, or no opposition raised by the owners of previously registered or filed trademarks, then the proposed trademark will be given prompt and final approval for proper registration. But, when there is the government objection or opposition from any company/person, then, sorting out all the disputing affairs will be made first, before giving the final permission for registration of the proposed trademark by the applicant.
To avail our prompt and expert legal services for appeasing government objection (to the filed trademark) or making/tackling a trademark opposition, interested companies may send a mail to: info@taxproexperts.in or just contact over: +91-8076354833
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You may be wondering how we can guarantee that the trademark registration form will not be objected. While there is no such thing as 100 percent certainty, knowing the reasons for a trademark objection will help you minimize the likelihood of receiving a trademark objection from the registrar.
Documentation required for replying to the trademark objection are as follows: