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In Trademark Registration Process, Objection is one of the starting stages. It can be filed by either the Examiner or any third party. Under this Trademark examiners examine trademark applications after they are filed, looking for previous trademarks that are identical or similar to the trademark.
Receiving a trademark objection can be a daunting experience for any business owner, and failure to respond effectively can have serious consequences. At our company, we understand the importance of addressing trademark objections promptly and with the right legal strategy. Law Samadhan offers a comprehensive service to help you draft a robust reply to any trademark objections you may have received, utilizing our legal expertise and experience to ensure the best possible outcome.
Trademark Examination report-
It is usually generated within 6 months to 1 year after the Trademark application is filed. This report includes the grounds on which the application is objected.
Objection reply time limit-
Examination report must be responded to within 30 days. The applicant or his/her authorized person may reply to the examination report. The response can be submitted online along with the necessary forms or documents explaining the validity of the applicant's trademark claim.
How to avoid objection?
However there is not any given process but these given points might help you.
• Always do a trademark search before filing a trademark application.
• Never use words of well-known brands or any combinations of these words.
• Refrain from using any prohibited or scandalous element.
It is also an important step in Trademark Registration process. If the trademark examiner does not object to the trademark application in the examination report, or if there is an objection and it is resolved, the trademark will be published in the Trademark Journal.
• Incorrect details regarding principal place
• If applicant name or any other information is false
• If application is filed in incorrect form
• Vague description of related Goods and Services
• The existence of an Identical Trademark
• False classification of goods or services
• Lack of distinctiveness
• Is contrary to law
Authorised Document
Trademark Examination Report
Proof of identification
Proof of address
To respond to a trademark objection raised by the ITMR, you will need to submit a written reply addressing the objections raised by the ITMR. It's important to respond promptly, and to provide evidence and arguments to support your position. You may also need legal assistance to help you prepare your response.
The time frame for responding to a trademark objection raised by the ITMR will be specified in the official letter of objection. It's important to respond within the specified time frame in order to avoid losing your chance to register your trademark.
If your response to a trademark objection is not accepted by the ITMR, you will be given an opportunity to address the ITMR's concerns through a hearing or an appeal process. If the objections are not overcome, the application will be rejected.
Yes, you can withdraw your trademark application after an objection is raised, but it's important to consider the consequences of withdrawal before making a decision. Withdrawing the application may result in the loss of the application fee and the need to file a new application at a later date.
Yes, there is an alternative dispute resolution mechanism available in case of objection; the parties can resolve their dispute through mediation before the Intellectual Property Appellate Board (IPAB).