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Respond to Tm Objections

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Respond to Tm Objections

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What is a Trademark Objection?

Trademark application passes through several stages, where Examination by Registrar is a crucial stage. A competent officer will examine the application and check for any errors or correctness of the application confirming to the Trademark Act and its applicable Rules.

During trademark examination, the Trademark Registrar may raise objections on the applied trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offense to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.

Below are a few reasons why Objections could be raised on a Trademark

Reasonsfor raising Objection on aTrademark

  • Use of incorrect Trademark form
  • Incorrect Trademark applicant name
  • Failure to file Trademark form TM-48
  • Incorrect Address on Trademark application
  • Vague specification of Goods or Services
  • Same or similar Trademark already exists
  • Trademark lacks distinctive character
  • Trademark is deceptive

TrademarkObjection Response Process

  • Step 1: Collection of basic information
  • Step 2: Consultation for grounds of objection raised by the examiner and Discussing the suitable responses to the examination report
  • Step 3: Drafting of response by an experienced IP lawyer
  • Step 4: Filing of TM Objection Reply
  • Step 5: lfthe response is not found satisfactory the Registrar may conduct a hearing to give a chance for the applicant to address the issues

How to respond to a Trademark Objection

Listed below are the items that should be included in the Trademark Objection reply

  • A brief and specific answer to the objection
  • Relevant case laws to support your objection
  • To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT
  • Other evidence supporting the inherent usage of the mark and establish distinctiveness

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Frequently Asked Question

What is the time limit to file reply to Objection?

A reply to the objection has to be filed before the Registrar within one month from the date of receipt of the examination report.

Can a reply for Objection be filed after the expiry of the prescribed time limit?

When a reply is not filed within one month from the publishing of examination report then the application will be considered abandon and no further filing of reply will be allowed.

Do I need to stop using the TM mark for my Trademark when a Trademark Objection Report is issued?

No, the applicant of the trademark does not need to stop using the TM sign. By way of issuing the Examination Report, the Registry does not compel to stop the applicant from using the TM sign next to the Brand Name or Logo.

What is the step after the application is published in the Journal?

The application, when it is accepted by the Registry, is published in a journal for a period of 4 months and is open for opposition by Third Party. After completion of 4 months, where no opposition by third party is received, the Registration Certificate of the trademark is issued by the Registrar.

What happens if I run my business with a rejected Trademark??

It is always advisable to contest the rejected trademark or apply for a new trademark application, as the case may be. Trademark registration is mandatory for taking legal action against infringers.

What our users have to say

4.4 LegalKart reviews and ratings
Respond to Tm Objections

LegalKart reviews and ratings LegalKart reviews and ratings LegalKart reviews and ratings LegalKart reviews and ratings LegalKart reviews and ratings 4.4 / 5 ( 1707 Reviews)
People purchased

256 People purchased

Intellectual Property

Respond to Tm Objections

₹6499

(24% Off) ₹2000 Save ₹ 8499

Gross Total

₹6499

We Accept

LegalKart Payment Gateways