TRADEMARK OBJECTION REPLY
A Trademark application passes through various stages, after filing of trademark application the Trademark Examiner examines the application and check for any error or correctness of the application confirming to the Trade Marks Act and its Rules. If there is no trademark objection it is passed to publication in Journal, but if any trademark objection arises by other trademark holders or by the Trademark examiner the applicant is made aware of it ,through objections raised in examination report. In such case the Trademark applicant has to give a trademark objection reply, to prove that why his application should be passed to the next stage. Failure to trademark objection reply lead to abandonment of the Trademark Application. Thus, filing of a Trademark objection reply is an important step, to get your Trademark registered.
The trademark objection reply to the Trademark Examination Report must be made within 30 days. It must contain reasons, trademark objection reply, and relevant case laws, supporting documents, facts and evidences as to why the mark should be registered in favour of the applicant along with supporting evidence. If the Trademark Examiner finds the trademark objection reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration. It is always advisable to hire a professional for drafting a reply in case of objections as they are experts with relevant trademark laws that are pertinent to file the reply efficiently.
At Registration Arena, we are available to help you understand how to file a trademark objection reply. Trademark Objection Reply can be done through Registration Arena in all major cities including Hyderabad, Mumbai, New Delhi, Chennai, Kolkata & all other Indian cities.
Reasons for Trademark Objection Reply in India
If there is a vague Specification of goods and services.
If the trademark is deceptive.
If any same or similar trademark exists.
If the trademark class, classification entered is incorrect.
If the nature of the trademark is such that, it is deceiving the public or causing confusion.
If it hurts any religious susceptibilities of any class or section of the citizens of India.
Procedure For Trademark Objection Reply
Documents Required For Trademark Objection Reply
An answer to the objections raised, relevant case laws.
Supporting documents to prove inherent or acquired distinctiveness.
An affidavit of usage along with supporting documents can also be filed with the reply
A Power of Attorney along with the form to be filed for answering the objections.
- Trademark Objection Reply to 1 Application Objected, for Trademarks filed through Registration Arena.
- Trademark Objection Reply to 3 Applications Objected.
- Trademark Objection Reply to 5 Applications Objected.
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs. Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.) It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
It is due to various reasons like similarity in the logo or mark, any discrepancy in the use of the mark, the trademarks Registrar can raise objections.
The reply to the Trademark Examination Report must contain reasons, answers to the objections raised, and relevant case laws, supporting documents, facts and evidences as to why the mark should be registered in favour of the applicant along with supporting evidence.
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels. The Government earns revenue as a fee for registration and protection of registration of trademarks. The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same. The Purchaser and ultimately Consumers of goods and services get options to choose the best.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
The basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark.
A registered trademark, an action for infringement lies where the aggrieved can sought civil and criminal reliefs.
It may take several years, depending on the basis for filing and the legal issues that may arise in the examination of the application.
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On Time Delivery
Just tell us a few details about your brand and we’ll process your application. In three working days, you’ll be ready to use the symbol alongside your brand name.
We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
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Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we’ll try to ensure that your doubts are cleared before they even arise.