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Trademark Objection

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Trademark Objection

Trademark registration is a process and has many stages involved in the process. This is those one of the stages which comes after filing of trademark application, wherein the trademark Examiner examines the trademark application and while checking, they have reasons to object the application and ask for clarification on certain points. The registry uploads a copy of Examination Report on their official website (trademark application status) and sends a letter to the applicant asking for reply mandatorily within 30 days from the date of issuance of objection. Failing on time reply shall be result in ABANDONED of your application.

After Abandonment there is no option to revive it rather than to file a fresh application and to follow the entire process again.

After the successful submission of objection reply, the Trademark examiner takes the reply submitted into consideration and finds the reply sufficient and addresses all the concerns raised in the Examination Report, the application would be allowed to proceed for the next stage which is publication in the Trademark Journal, before registration.

FAQ's

1.In case application status is objected, what does this means?

The status of trademark application turns objected in case when Examiner of Trademark Registry raises some objection regarding the registrability of the trademark which are cited in the form of a examination report. In order to overcome the objection a written reply in form of rebuttal must be file within 30 days from the receipt of objections, failing which the trademark application may be treated as abandoned by the Registry.

2.After filing of written reply of objection received, will application gets registered?

No, not necessary. After filing of written response there are 2 possibilities, if examiner is convinced with the reply he may accept your application and process the same for next stage and if not convinced with the written response, a hearing is posted for allowing arguments to be put forth in person.

3.If application status is objection, can I still use TM?

Yes, even if the status is objected you can continue to use TM on your trademark till the final disposal of your application.

4.After filing reply, how much time it takes to get the application accepted or put for hearing?

It takes minimum 4-5 months but can extend depend upon the pendency of applications at the Trademark Registry.

5.What is the deadline to file a reply once trademark is objected?

The deadline is 30 days from the receipt of objection, post which they declare the trademark request to be abandoned.

6.I have received a trademark opposition, is it the same as trademark objection?

No, Trademark objection and trademark opposition are not same. Trademark objection is raised by the trademark examiner right after the application reaches the examiner. Whereas, the trademark opposition is filed by general public when the trademark is advertised in trademark journal for public to raise concerns.

7.The status is showing “ready for show cause hearing”, what does it means?

A show cause hearing is issued only if the examiner is not satisfied with the reply. In such a case, either you or your appointed attorney needs to go to designated Trademark registry and justify the reply before the registrar.

8.If the status is objected, does it means rejected?

No, Objection does not means rejected.

Some common grounds for objection are:

Lack of distinctiveness and contains a descriptive words

The trademark to get register has to qualify some of the conditions laid under The trademark act. The first is it should be distinctive which means capable of distinguishing of goods and services of one person from others For example- common surnames.Second, is the trademark should not contain any words and indication which directly communicate about its feature, quality etc. for example- the words “ultra”, “perfect” AND “ Supreme” are highly descriptive and laudatory. They cannot be seen as trademarks.

Similarity with pending or registered marks (Section 11)

If the mark applied is so similar and identical with the pending and registered trademark that it will create confusion among the masses. For example-MacDonald vs. MacTonald

Prohibited marks

There are some of the name, word and numerals which has been declared prohibited by Trademark registry, that in any circumstances no one claim any ownership on such name, word and numerals. The list of prohibited mark can be seen https://ipindiaonline.gov.in/tmrpublicsearch/prohibitedmarks.aspx.</p>

International proprietary names

International Nonproprietary Names (INN) identify pharmaceutical substances or active pharmaceutical ingredients. Each INN is a unique name that is globally recognized and is public property. A nonproprietary name is also known as a generic name. The INN system is managed by the World Health Organization (WHO).

Offensive or obscene words as a part of or as a trademark

The trademark should not contain any matter and words which are scandalous or obscene, in any manner

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