Difference between Trademark Objection and Trademark Opposition

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Difference between Trademark Objection and Trademark Opposition

Trademark examination and Trademark opposition are the two terms we often hear when we deal trademark. Both the terms sound similar but both are separate proceedings. People often get confused between trademark objection and trademark opposition. Here are some fundamental difference between Trademark objection and Trademark opposition.

Trademark Examiner does Trademark objection whereas Trademark opposition is initiated by third (person in public having objection) and his/her has doubt in acceptance of your mark.

Trademark Objection is the part of Trademark examination process. In this process Trademark examiner examines your application and issues the Trademark examination report against your mark. In most cases Trademark applications are objected and the objection should be responded within a month calculated from the date of issuance of the report.

Whereas, third party opposes trademark. This is mainly done after the advertisement of the acceptance of your mark, from the Trademark registry in Trademark journal.

What is Trademark Objection?

Trademark objection is a form of preliminary negation issued by the trademark examiner after examination of your application. Trademark are objected for lack of distinctiveness some similarity with pending or registered marks.

According to the trademark law and there are some other reasons as well like international proprietary names, geographical names, offensive or obscene words as a part of or as a trademark. It is the formality in most that can be overcome by proper representation before the registrar. In some cases one should approach the appellate board to appeal against the decision.

It is mandatory to have periodical checking on trademark application. Trademark objection raised by examiner will lead to abandonment. It is similar to the fact like youve lost your money spent on Trademark Filing.

Points to remember

• Get in touch with a reputed trademark attorney to represent your case. Unless you know what you are doing.
• It is advised not to use sample or format available online.
• In case you are use the sample, the trademark office would not consider your reply and post your case for hearing.
• Respond to trademark objection within 30 days.

What is Trademark Opposition?

Trademark opposition is a legal proceeding instituted by third parties. Opposition is similar to the activity like some bodys has stolen your exclusive right or idea. It is mainly accepted soon after its publication in the trademark journal, generally within 3 months from the date of publication.Opposition is third party action done by people having genuine interests in the trademark or by a person who feels that trademark registration of that trademark would be the decorum, market or any affect related to business of that person.

Opposition is an activity that is becoming increasingly common and easier than ever before. In case you applied for a trademark, even though the trademark examiner reviewed and approved it. Trade mark opposition is a serious matter should be kept in mind while registering a trademark. Opposition can sometimes lead to accusations and claims of infringement and monetary damages.

In case any applicants trademark has been opposed then he/she need to respond to the opposition within 2 months of the receipt of communication from the registrar of trademarks. Here are some of the difference between Trademark objection and opposition.

Key Difference Between Trademark Objection and Trademark Opposition

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