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.
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.
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.
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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.
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.
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.
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.
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.
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.
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