Trademark
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How Does Trademark Objection Reply Works?
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All you need to know
What is a Trademark Objection?
After Trademark Application is filed in the IP India portal, the application duly goes through an Examination process by Trademark Examiner. An objection can be raised by the Examiner if the information furnished in the application is not satisfactory, if the class under which application is filed doesn’t match with the information provided or if the words / phrases being trademarked are generic and not unique or if they match with an already existing trademark registered with the government.
Incase of a Trademark Objection, the Attorney will have to do a quick check on reasons for Objection and try to furnish all necessary information with suitable facts and proofs to justify the Objection Reply to the Examiner. This Objection response has to be filed within a month from the Objection’s date of issuance.
Applicants & Attorneys can minimise objection scenario’s by doing enough due diligence, before filing the application for Trademark.
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Frequently Asked Question
A trademark objection is a formal notice issued by the Indian Trademark Office (ITO) stating that it has found some issues or objections with respect to a trademark application that has been filed. This notice is sent to the applicant or their attorney, and it outlines the specific grounds for the objection and provides the applicant with an opportunity to respond and address the issues raised by the ITO.
There are several grounds on which a trademark application may be objected to by the ITO in India. Some common grounds include:
* The mark is not distinctive and is likely to cause confusion with an existing trademark
* The mark is scandalous or offensive
* The mark is identical or similar to an existing trademark for similar goods or services
* The mark is descriptive and does not function as a trademark
* The mark is not in accordance with the Trademarks Act or the Trademarks Rules
If you receive a notice of trademark objection from the ITO in India, you will need to respond to the objection within 30 days of the notice being issued. You can do this by filing a written response to the ITO, explaining why the objection should be overcome and addressing any issues raised in the notice. It is advisable to seek the assistance of a trademark attorney when preparing your response, as they will be able to help you present a strong case and increase the chances of your application being accepted.
Yes, if you disagree with the decision of the ITO or if your trademark got refused due to the opposition, you may file a review petition before the Registrar if ITO to review its decision within prescribed time or you have the right to file an appeal before the the Hon’ble High Court of your appropriate jurisdiction. You will need to provide evidence to support your appeal, and it is advisable to seek the assistance of a trademark attorney when preparing your appeal.
The length of time it takes to resolve a trademark objection in India will depend on the specific circumstances of your case and the complexity of the issues raised by the ITO. It is generally advisable to respond to a trademark objection as quickly as possible, as this can help to expedite the process. However, it is not uncommon for the resolution of a trademark objection to take several months or even longer.
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