Trademark Objection Response in 3 days
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Trademarks are important intellectual property for business. In a year multiple trademarks are applied. Not all the trademarks are accepted. Some trademarks are rejected and are not registered. Examiners search databases in order to find older trademarks that are identical to or confusingly similar to the mark under consideration. The trademark examination report summarises the results of the trademark examiner's investigation and the reason for trademark objection process.
The following documentation is needed for trademark objection process:
- Report on authorised document
- Trademark examination report
- Identification documentation
- Process for address verification in trademark opposition
- Follow the progress of your trademark application
- Look into the trademark complaint
- File a trademark objection reply
- Review and double-check the response before filing
- Obtain commentary on the department’s response
- If your response is positive, your trademark will be published in the trademark journal
- As an applicant it is mandatory to appear during the hearing of The trademark.
It is mandatory to file a Trademark objection reply to the authorities within the given time frame. Zenplusconsultants can tackle the Trademark objection process easily without any hassles. As soon as you receive a Trademark objection notice read it thoroughly to analyse the grounds of objection.
- The first and foremost step is to file counter statement to the trademark objection process within a span of 2 months from receiving the notice
- The registrar will file for a hearing after receiving the Trademark objection reply
- Substantiate your trademark objection by furnishing supporting documents as evidence, validating your claim and reinforcing your position effectively.
- Despite providing the documents if the registrar rules in favor of the opposing party you can appeal to the Intellectual Property Appellate Board (IPAB)
- The counter has to be filed within 3 months from the date of passing the order
- In case of any delays the applicant should explain the reason along with the fine of ₹2500
- If the reason is acceptable the IPAB will fix the date for hearing
- The trademark objection reply filing process must be carried out in accordance with the IPAB’s rules and regulations
- All the documentation has to be verified, all the application has to be endorsed by the deputy registrar
- If the deputy registrar finds any defects with the application a notice will be provided
- The corresponding changes have to be completed and submitted within 2 months
- In case of any delays the trafemark objection application will be abandoned
- Based on the provided documentation the IPAB will decide the trademark objection case.
Utilising Incorrect Trademark Form
If the registrar finds that The trademark application is not in the right format a trademark objection process will be initiated. The applicant may overcome this trademark objection by submitting a trademark alteration request on form TM-16.
The applicant name on the trademark application is incorrect
Under the scenario the corresponding authorities will initiate the trademark objection process. Based on the rules and regulations the applicant name has to be submitted on the trademark application on Form TM-16. In case of any mistakes, requests should be raised for altering the same through Form TM-16.
Not submitting the TM-48 trademark form
If Form TM-48 is missing an attachment or is filled out erroneously, a trademark examiner will initiate the trademark objection process.If someone other than the applicant has submitted the application, a properly stamped power of attorney in their favour must be filed.
The applicant must ask for the reasons in order to overcome an trademark objection for submitting a Form TM-48 that is wrong or incomplete. The applicant must submit a request for the trademark application to be rectified in order to override an trademark objection for an erroneous or incomplete Form TM-48.
Address is not correct on the trademark application
It is mandatory to provide the business address on Form TM-16. If the business address is wrong then the Trademark objection process will be initiated by the corresponding authorities. The applicant's Indian address must be recorded on Form TM-16 because they don't have a sizable place of business there. The applicant has to submit a trademark application rectification request using form TM-16.
Unclear Specification of Goods or Services
The description of goods and services for Trademark Class xx is extremely broad and vague. On Form TM-16, the precise goods for which the trademark registration in India is requested should be listed. If a concern is voiced regarding the description of goods or services, Form TM-16 is used to propose a correction to the trademark application.
Similar Trademark Exists
If already registered trademarks are identical to the applied trademark then there are high chances that the current trademark owner may face trademark objection.The trademark application cannot be registered since there are already registered trademarks for comparable or identical goods or services as per the Trade Marks Act of 1999. Identical trademarks among the trademarks may result in confusion among the general population. By claiming that the trademarks listed as competing marks are different from their own, the applicant can take corrective action.
The following are some of the common eligibility criteria for trademark objection in India:
- Similarity: The trademark in question must be similar or identical to an existing trademark in the same class or category of goods or services.
- Confusion: The use of the trademark in question could cause confusion among consumers or could lead to mistaken identity with an existing trademark.
- Descriptiveness: The trademark in question is descriptive of the goods or services being offered, and therefore not eligible for trademark protection.
- Offensive: The trademark in question is offensive or derogatory to a particular community or group of people.
- Deceptive: The trademark in question is misleading or deceptive, leading to a false impression about the quality, origin, or source of the goods or services.
If you receive an trademark objection for your trademark application, you can respond to it by following these steps:
- Review the Objection Notice: Carefully read and understand the grounds on which the objection has been raised. Identify the areas where your trademark application is lacking and where improvements can be made.
- Collect Evidence: Collect all the relevant evidence, documents, and facts that support your trademark application. You can provide evidence such as prior usage, distinctive character, and other relevant information.
- Prepare a Response: Prepare a written response to the trademark objection, addressing all the issues raised in the objection notice. Explain how your trademark application meets all the legal requirements and how it does not infringe upon the rights of any other registered or pending trademarks.
- Submit the Response: File the response with the trademark office within the specified time limit, which is usually one month from the date of receipt of the objection notice. If you fail to respond within the stipulated time frame, your application may be abandoned.
- Follow up: After submitting your response, keep track of any further communications from the trademark office. Be prepared to provide additional information or make further modifications if necessary.
Zenplusconsultants has the best attorneys to complete the whole process without any delay. We can tackle the trademark objection process in India in just a few clicks. Our In-house trademark experts can finish all the formalities without any hassles. Reach out to us through our websites and get your process kickstarted.