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Uncertain about the way to reply to trademark objection? Get expert assistance and file a trademark objection reply within the stipulated time.
In India, trademark objection plays an important role in the trademark registration process. This is the stage when the concerned authorities evaluate the mark or brand name annexed to the trademark registration application. The examiner ensures that the proposed brand names comply with all the regulations. If any issues are found during such examination, they are brought to the applicant's attention in the form of a trademark objection.
Subsequently, trademark objected means when the submitted brand name is not in alignment with the laws and regulations of the Trademark Act. An applicant on receiving a trademark objection must address such issues immediately for facilitating a smooth registration of the brand name. Therefore, such trademark objection replies must be diligently addressed to speed up the trademark registration process.
A trademark objection is a situation when the trademark registration application before the Indian Trade Mark Registry is objected. This signifies that the trademark application has been objected to after the concerned examiner has raised an objection to finding irregularities in the application.
The objective of a trademark is to promote brand recognition and protection. Therefore, trademark objected means when the concerned Registrar finds out the application for trademark registration is in non-alignment with the trademark laws and regulations.
The Registrar may object to the application under section 9 of the Trademark Act when the mark is found to be descriptive of goods/generic/laudatory/indicating quality or nature of goods. Section 11 of the Trademark Act also provides a right to a Registrar to object to the application for trademark registration on an identical or similar trademark already on the Trade Mark Registry or even similar to an already pending application.
There can be multiple reasons why trademark applications for registration are objected. Given Below are some of the main reasons for trademark objection:
Failure to file the right trademark form can lead to a trademark objection to the trademark application. However, the applicant can file Form-TM16 to correct the same.
Another reason for trademark objection is the incorrect name on the trademark application, which can be corrected by filling out Form TM-16.
If Form TM-48 is filled out incorrectly or executed incorrectly, the concerned examiner may raise a trademark objection. The same can be requested by filling out Form TM-16 to correct it.
Whenever an applicant fills up a wrong address or details on the trademark application, it could lead to a trademark objection. A Form TM-16 can be filed to correct the wrongly filed information.
If the applicant provides a vague specification of the products and services, an objection may be raised by an examiner.
If the trademark application file is similar to the existing registered trademark.
If a trademark does not have distinguishing characteristics and cannot distinguish one person’s products from another, the trademark objected is reflected.
If the trademark file seems to be deceptive to the general public, then it may lead to an objection.
In order to address the trademark objection, the applicant must be equipped with the documents required for the trademark objection, given below is the list of such important documents required for trademark objection reply:
The objective of trademark is to determine the source of a product and to distinguish the product from the products that come from other sources or the competitors in the market. Whenever an applicant for a trademark registration receives an examination report, he shall immediately address such issue by filing a trademark objection reply. Given below are the process to file trademark objection reply:
No need to worry, you can march ahead and file the reply until it reflects, “Awaiting Reply to Examination Report.” In case you still fail to submit the trademark objection reply within 2 months from the date of receipt of the notice of objection, your trademark objection status will be labelled or marked as abandoned.
Drafting and filing of trademark objection reply fees, all inclusive of attorney remuneration, filling, and documentation, is between Rs.3000/- to Rs. 6000/-. Further, it may vary as per your case requirement.
The time limit for a trademark objection reply is to be filed within one month of the date of the objection issuance. However, it usually takes 3 to 6 months for a reply to be processed.
Entermark has a dedicated team of professionals to tackle trademark objections. A trademark objection means you need to file a trademark objection reply, and that’s where professionals like Entermark come into the picture.
A team of 200+ IP Experts with Extensive Experience Ensures a Proper and Timely Response to the Registrar of Trade Marks 15+ Years of Experience in Trademark Objection Handling Easy Submission of Replies to Trademark Objections Get Real-time Updates on the Trademark Objection Status Expert Assistance in Replying to Trademark ObjectionThe questions and answers mentioned below are the roadmap for your better understanding. Let's go through it once.