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Trademark Objection

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Trademark Objection

During the trademark registration procedure, one of the major phase is trademark objection. Due to its complicated procedure it is important that this needs to be handle carefully by expert lawyer as it is important to file a strong reply to the objection or query raised by examiner during the application procedure. Failure to which may lead to rejection of trademark application.

What is the definition of Trademark?

Trademarks are visual representations such as a word, a symbol, or a phrase, or design, or combination of any of these which recognize and differentiate the goods and services of an entity from those of another entity.

Why objection is raised on trademark?

Trademark examiner raises objections on the basis of findings arisen during the whole procedure. Product for which trademark application has been filed must be unique or inherently distinctive in nature and it should not have similarity to any third-party mark. Any similarity with already existed product may lead to trademark objection, and if proper reply is not given to objections, application can be cancelled. We strongly suggest you hire a trademark expert, trademark consultancy, trademark lawyer, or such professional having strong drafting defense skill, aware of recent case laws, and is capable to draft a strong trademark objection reply against the objections so raised by the trademark examiner.

What are the services Lawyerinc offers for Trademark Objection?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for Trademark Objection.
  • We have expertise in getting Trademark Objection.
  • We will get in touch with you through renounced lawyers in this field.
  • Our Experts shall guide you through the procedure and supply you with a detailed checklist of the required documents.
  • We shall verify the documents you provide.
  • An application for removal of trademark objection/reply will be made by us and duly submitted.
  • Free consultation for any enquiry that you may have about Trademark Objection.
  • You will get your Trademark Objection done without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related Trademark Objection and much more.

To avail any of the above-stated services, kindly establish contact by posting a query at our site.

Please note that, we take around 5 - 10 working days to draft and file the trademark objection reply.

Who governs the registration of trademark in India?

Trademark in India is registered under Trademark Act, 1999 and its Registration is governed by Controller General of Patent Design and Trademarks, Ministry of Commerce and Industry, Government of India.

What are the various reasons of Trademark Objection?

  • If there is any resemblance between logo or word or the trademark with already existed product for which trademark has been applied.
  • If the trademark applied affects the sentiments of people in relation to religion etc.
  • The trademark must be unique and should not be identical to third party trademark, as trademark should be inherently distinctive and should not have been acquired by any person.
  • The objection may arise in case of wrongful filing of an trademark application;
  • Objection may arise in case of wrongful specification of goods or services;
  • Specification of product are not properly adhered as per NICE class heading provided;
  • Incomplete description or wrong description of trademark applied;
  • Inappropriate details given in application form;
  • Applied under wrong category/classification of trademark class;
  • Visual resemblance in design, font, pattern and color combination in logo etc.
  • Such other reason as specified by trademark examiner.

What are the established grounds for rejection of a Trademark Registration application?

  • If the trademark is incapable of differentiate goods or services of one person from other;
  • If the word to be used in trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950;
  • If the marks used have become customary in the current language in country or in the bona fide and established the practice of the trade;
  • If the mark represent such form or nature that is deceiving the public or that may lead to confusion with such other product;
  • If the mark is likely to hurt the religious sentiments of people residing in country;
  • If trademark concerns scandalous or obscene matter;
  • If mark pertains to the category, quality, or quantity, or for intended purpose, values, distinct geographical origin or etc.;

Frequently Asked Questions

  • 1. What does symbols “TM” and “®” signifies?

    A “TM” symbol is a provisional symbol which can be used for unregistered trademarks. However, the “®” symbol is used for a registered trademarks after approval by concerned authority.

  • 2. Where can I file trademark application and reply to trademark objection?

    In India Trademark registration can be done from five located in Delhi, Mumbai, Ahmadabad, Kolkata, and Chennai. Jurisdiction to file an application can be decided on basis of principal place of business of applicant in case of Indian applicant.

  • 3. Where can a foreign resident file trademark objection reply or application?

    Foreign applicant can authorize any Indian agent or can hire an attorney by executing POA in order to make trademark objection application. Application can be filed where applicant’s agent or attorney resides or where there business is situated.

  • 4. Is the registration of trademark compulsory?

    No, Registration of a trademark is not mandatory but it is a prima facie evidence of the proprietorship of the trademark under registration as no suit infringement of unregistered trademarks can be instituted.

  • 5. Why to get Trademark Objection through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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