What is Trademark Objection in India?

About Trademark Objection

Once the trademark application is filed, it has to face the stringent scrutiny of the examiner. The trademark examiner can reject the submitted trademark registration application. This rejection is called Trademark Objection. It means that the examiner has gone through the application and disapproved it.

Why bother about Trademark Objection?

The instances of Trademark Objection in India are too many and too common. Every year, there are thousands of applications filed by trademark aspirants. And every year, over 60 per cent of these applications face objections. Therefore, you should take absolute care when filing the application for registration. Because regardless of how much you worked hard drafting the application, the Objection to the trademark doesn’t take much time.

All it takes to complete the trademark objection process is creating a trademark examination report. The report dictates whether the trademark is allowed or rejected.

Filing a Trademark Objection Reply

However, trademark objections are not always fair. Therefore, there is a Trademark Objection Reply. A reply to the TM objection has to be specifically filed in a customized fashion. Basically, through the reply, you will counter each statement made in the Objection with a rebuttal. It has to be reasonable enough to counter the Objection. If the reply is accepted, the trademark is published. If not, there is a matter of hearing.

Trademark objection application, therefore, needs a good reply, or else all your efforts to register your trademark shall be in vain.

Consult Trademark Experts for Trademark Objection or filing a Reply

However, there is no need for you to worry! Registrationwala is a team of experts consisting of trademark advocates, agents, and the most talented IPR experts. They create the perfect reply to counter the trademark objection. Furthermore, the trademark objection reply fees are also low, so you also benefit from an affordable reply. Therefore, if you want to ensure that your trademark reaches the trademark journal, we are the experts you should trust.

 

Eligibility Criteria for Trademark Objection

The eligibility criteria for Trademark Objection are as follows:

There are two grounds under which the trademarks are objected. They are:

1. Absolute Grounds
1. The trademark does not possess any distinctive character.
2. The trademark tells the quality of the product it represents.
3. The trademark is offensive to specific communities due to deliberate or mistaken intention.
2. Relative Grounds
1. The trademark can cause confusion among public

 

Documents Required for Trademark Objection

Regarding the Trademark Objection, the following documents are needed:

• Authorization Documents
• Examination Report of Trademark
• ID Proof
• Address Proof

You can learn more about such documentation by connecting with one of our IPR experts.

 

Process for Trademark Objection

The process to tackle trademark objections is as follows:

• Check the trademark application status.
• Analyze. the trademark objection.
• Draft a reply.
• File the reply after checking and rechecking.
• Get feedback for the reply for the said department.
• In case the reply is accepted, your trademark will be published in the trademark journal.
• If the trademark reply is rejected, then you’ll have your representative appear in the trademark hearing.

 

Our Assistance to file the Trademark Objection 

We at Registrationwala provide end-to-end solutions for Trademark Objections. Our services include:

• Collection of information and starting the process
• Drafting the application
• Reviewing the draft and making changes if necessary
• Filing the application

 

Registrationwala.com is a leading legal consultancy firm providing comprehensive services relating to Trademark Objection. Contact us now if you seek to remove the Trademark Objection from your application.

 

FAQs About Trademark Objection

Q1. Who does object to a trademark in the RoT?

A. The examiner who assesses the trademark registration application can, once he has gone through the application, disapprove it.

Q2. How to check objections in the trademark?

A. The applicant can conduct a Trademark search on its brand logo before filing the trademark registration application. Through the search, the applicant can make necessary changes in the logo, if needed, to avoid objections during the application assessment by the examiner.

Q3. Why must one avail for trademark consulatancy in matters of trademark registration objection?

A. The objections in the trademark in India are too many and too common. Every year, there are thousands of applications filed by trademark aspirants. And every year, over 60 percent of these applications face objections. Therefore, you should take absolute care when it comes to filing the application for registration and consult a trademark expert on related matters.

Q4. How does the examiner convey the objection to the trademark application?

A. All it takes for the trademark objection process to complete is the creation of a trademark examination report. The report dictates whether the trademark is allowed or rejected.

Q5. How to file a trademark objection reply?

A. However, trademark objections are not always fair. Therefore, there is a Trademark Objection Reply. A reply to the TM objection has to be specifically filed in a customized fashion. Also, the defendant filing the reply must pay the required trademark objection reply fees.

Q6. How does a reply to the Objection of Trademark helps in getting the trademark registration application accepted?

A. Through the reply, you can counter each statement made in the Objection with a rebuttal. The defendant must follow a trademark objection reply letter format applicable in India. It has to be reasonable enough to counter the Objection.

Q7. What happens when the trademark objection reply is rejected?

A. If the reply is accepted, the trademark is published. If not, there is the matter of the hearing. Trademark objection application, therefore, needs a good reply, or else all your efforts to register your trademark shall be in vain.