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All About Filing Trademark Objection in India
What is Trademark Objection in India?
Whenever a trademark examiner founds that your mark is either identical to any registered trademark or it is not in consonance with rules or it has been barred by the law, then the term is known as Trademark Objection in India.
How to File a Trademark Objection Reply in India?
Filing a Trademark objection reply is mandatory otherwise you shall loose the brand protection. The process of filing the trademark objection reply in India is as follows:
#Study the Objection Ground Carefully: The primary step is to understand the grounds of the trademark objection properly because mistake in understanding the objection concept may lead to wrong filing of trademark objection reply. Hence, be cautious in understanding.
#Prepare the Trademark Reply: The second step is to finalize the prepared draft reply with the accused party. Drafting the trademark reply requires the special skill and hence should be given to the respective expert like lawyers, attorneys etc.
Documents Required for Trademark Objection Reply
(We need all documents in scan form. No hard copies are needed)
Only Two Documents are Required
- – Power of Attorney
- – A basic Form to fill
(We need all documents in scan form. No hard copies are needed)
FAQs on Trademark Objection in India
Q. Can I respond back the Trademark objection myself?
Yes, you can file the TM objection reply by your own, but hiring a Trademark attorney will always help as these people always have the experience of drafting replies to the point and the same will always help to add the value and get your TM application registered.
Q. What are Precautions to avoid Trademark objections?
To avoid Trademark Objection, one needs to select a proper trademark, do deep study and also keep the following points in mind:
- Deep research of the existing similar trademarks and thorough study of the database of trademarks.
- Use of unique, specific and not general and non-descriptive words.
- Avoiding deceptive, disparaging and offensive language.
Q. If 30 days has been passed from the issue of Tm examination report, am I still eligible for replying Trademark objection?
If 30 days has been passed off from the issue of the TM Examination report, you can file the reply, if the status is still showing awaiting for the reply of examination report and not abandoned.
Q. What is the timeline applicable to respond back the trademark objection?
The TM Applicant needs to respond back the Trademark examination report within 30 days of the receipt of the report.When the applicant receives the Trademark examination report by personal or via his attorney then reply needs to filed within the 30 days mandatorily.
Q. What to do if my trademark status showing is objected?
Once you saw that your trademark application status on IpIndia website is showing objected, then you need to go through the trademark examination report which you might received or you can dig out the same from IpIndia website.
Once saw the TM Examination report, you must need to file the reply within 30 days either by yourself or with the help of Taxdean.com
Q. After replying the TM objection, in how much time the Trademark status changed?
After filling the TM-12 I.e replying the TM objection raised by the trademark examiner it will take 30 to 60 days to change the status of the trademark application.
Q. What do you mean by Trademark Objection?
Trademark Objection refers to an objection raised by the trademarks examiner to register your trademark on different grounds which may include any one of the following:
- The trademark appears to be similar to an existing mark in the trademark database.
- The trademark contains phrases or symbols deemed to be offensive.
- Trademarks which make use of geographical names or international proprietary names.
- Trademark is identical or descriptive of goods/general//indicating quality or nature of goods.
If trademark appears to be in violation any of the points above, then the trademarks examiner can raise an objection and your mark will stand termed as ‘Objected’.
Q. What are top reasons for Trademark objections?
The most common reasons for TM Objections are:
- Objection of Section 9 – Trademark is descriptive or general in Nature
- Objection of Section 11 – Similar trademarks are available in TM Database
- Incorrect TM form used
- Description in the TM-1 is not as per WIPO
- Address in the TM application is incorrect
- TM-48 or POA is not filed with the TM-1 form
- Applicant name is not correct
Q. If I have not respond back the Trademark ™ objection, what will happen?
If the trademark objection is not filed within the specified and reasonable time, then there is an option with the TM examiner to mark that Trademark application as Abandoned.
Q. Why trademark examiner raised objection?
There are many reasons the TM Examiner raised the objections and some of them are:
- Applicant have not used the correct Trademark form for Application
- Applicant have used not used the correct Trademark Applicant Name
- Applicant have not filled the correct details of the firm or firm type
- The Trademark Form TM-48 (POA) has not been filed by TM Attorney
- Applicant have mentioned incorrect address on the trademark application
- The description in the TM Application is not as per WIPO
- If the same trademark or a similar trademark already exists
- If the trademark name is descriptive or general or offensive
Q. What is Trademark Examination report?
Once the application of Trademark registration is filed in the respective Tm Department and examined by a Trademark Officer/Examiner, a trademark examination report is sent to the trademark applicant or person authorised by the trademark applicant. Trademark examination contains the status of the Trademark application, more than 70% application got the objected status, and for these 70%, the applicants needs to respond back the objection raised within 30 days of receipt of the TM Examination report.
Q. What is the difference between Trademark Objection and Opposition?
Trademark Objection raised by the TM Examiner and is in the initial stage of the trademark registration, which easily gets cleared in most of the cases while the Trademark opposition can be said the last hurdle in getting a registered status in the Journey of trademark registration and raised by the general public after trademark gets published in the TM Journal.
Q. What is Trademark Opposition?
Once the Trademark is Published in Trademark’s journal, there is four-month window will be given to the general public to raise the trademark opposition. Trademark opposition comes after the trademark objection gets cleared and the TM is already advertised or re-advertised in the TM Journal.
Q. How much time will it take to file TM objection reply?
Taxdean.com will take 2-3 days to deeply study the Trademark case properly and draft the TM objection reply and file the same.