HOW TO RESPOND TO A TRADEMARK OBJECTION ?
Trademark provides a unique identification to the brand and makes it different from other product available in the market. The identification can be word, logo, sound, or a photograph. So, protecting this unique identity can be crucial. Once, applicant files its application for Trademark, Examiner after examining the application, can object the application. This means Examiner has raised Trademark objection against the application.
Registration of Trademark?
The process of registration of a trademark is set out under Section 18 of the Act. Once you file an application to register a trademark it can take between one to two years for it to be registered. Once you file the application for registration, you will be given an allotment number using which you can check the status of your application. The process follows as such:
What is Trademark Objection Reply?
Trademark objection reply means the response made by the applicant on trademark objection raised in the examination report. Respond to objection shall be made within the stipulated time. Applicant should make a comprehensive analysis of the ground of objection raised by the Examiner.
What is Trademark Objection?
After filing the application for Trademark Objection, when applicant checks the status of Trademark in Indian Trade Mark Registry website, it shows ‘Objected’. This means that trademark examiner has raised the objection against the trademark in the examination report.
Under Section 9 and Section 11, registrar after analyzing the application can raise the objection against the application.
How to Respond to an Objection
Assess the reason for objection – One of the most common reasons for the refusal of a trademark grant is its similarity with another mark. This similarity can be visual or phonetic (verbal similarity). In such a case, you will have clearly to demonstrate the following –
REASONS WHERE OBJECTS CAN BE RAISED:
1. Incorrect details in Trademark form:
When the applicant furnishes the wrong details related to applicant name, or principal business place or any other relevant information. False information is likely to raise a trademark objection.
2. Wrong filing of a Trademark form
The objection can be raised on the incorrect form filed by the Examiner. If the trademark application is filed by the trademark attorney or agent, then it’s mandatory to file TM-48 form along with the trademark application.
Other grounds of the objection of trademark;
What should be included in the response of Trademark Objection?
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