Respond to TM Objection
Trademark objection does not mean a straight denial it means that the trademark registrar needs a valid reason or explanation about the mark and registration.
Benefits of trademark Objection
- Prevent abandonment or rejection
- Highlight uniqueness of the mark , thereby protecting the brand against infringement
- File an appeal , not a rejection
Trademark Objection Overview
Trademark objection is the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial it means that the trademark registrar needs a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail registration. In the process an overall reply needs to be filed within a month from the issuance of objection’s date. There are several reasons for objections like similarity with an existing trademark, offensive trademarks, absence of uniqueness, etc.
A trademark can be reduced if it is not distinctive or goes against the other provisions of the Trademarks Act, 1999. A counter statement to the TM Objection or a Reply to the Examination Report (ER), responds to all the grounds of objection brought forth by the Registrar by demonstrating that there is no similarity, or that the similar marks are different in respect of goods, etc. It is important to respond to a Trademark Objection received from the Trademark Office within 2 months of receipt of such objection to ensure that the status of the application does not become abandoned.
CHECKLIST FOR A TRADEMARK OBJECTION
- Filing of incorrect trademark form : correct form should be filed for example form TM-4 for collective marks for goods and services registration and form TM-51 for a trademark under different classes of goods and services registration
- Incorrect trademark applicant name
- Usage of deceptive terms and offensive terms
- Insufficient information on goods and services
- Existence of an identical mark
HOW TO FILE A TRADEMARK OBJECTION RESPONSE
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1: Analyzing Trademark ObjectionThe first step is to analyse and study the objection carefully so that in case of as any ambiguity in understanding would not lead to incorrect filing of Trademark Objection Response.
- 2: Drafting Of Trademark Objection Response
The next step is to draft a trademark reply including the following
- A proper answer to the objection raised
- Supporting documents and evidence
- An affidavit explaining the usage of the trademark in the applicant’s website and social media channels
- The response draft is then filed online on the e-filing portal of trademark
- Step 3: Trademark Hearing
If the response is accepted, the application will be further processed for registration. If not then there would be a trademark hearing scheduled
- Step 4: Publication In The Trademark Journal
If the result of the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal. And if the outcome is negative , the Refusal Order will be passed, explaining the reason
- Step 5: Registration
After your trademark being published in the Trademark Journal, it will be open to scrutiny for a period of 4 months. If no oppositions are filed the mark will then proceed towards registration, and the Registration Certification is issued.
Documents Required for Trademark Objection
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