Trademark is basically one of a kind of an intellectual property consisting of designs, logos and marks. Companies use various designs, logos or words to distinguish their products and services from others. Those marks which help in distinguishing the product or services from others and help the customers in identifying their brand, quality and even origin of the product is known as Trademark.
Unlike patents, a trademark is registered for 10 years and thereafter it can be renewed for another 10 years after further payment of renewal fees.
An objection is one of the initial stages in the registration process. It can be filed by either the Examiner/Registrar or any third party. An Examiner/ Registrar may file an objection under trademark act on Absolute Grounds of Refusal and Relative Grounds of Refusal of the Act on primarily two grounds –
A third party may object to the registration of a trademark in the capacity of public interest. There are two ways where a third party gets a chance to object to the registration of a trademark.
Upon filing an objection, the status of the application will change to Opposed. While filing an opposition the person opposing it must include the grounds upon which he is opposing the registration of the trademark. The examiner will provide the applicant due opportunity to defend his application as per the process laid out under the Act.
Once an objection is filed the applicant will be given due notice about the objection as well as the grounds of objection.
Once the counter is filed, the Registrar may call for a hearing if he rules in favour of the applicant the trademark will be registered. If he rules in favour of the opposing party, the trademark will be removed from the Journal and the application for registration will be rejected.
The process of registration of a trademark is set out under Section 18 of the Act. Once you file an application to register a trademark it can take between one to two years for it to be registered.
Once you file the application for registration, you will be given an allotment number using which you can check the status of your application. The process follows as such:
One Time Fee
Service Provide Within 7 Days
One Time Fee
Service Provide Within 15 Days
Services Provided Before the Due Date
Yes, you can file the TM objection reply by your own, but hiring a Trademark attorney will always help as these people always have the experience of drafting replies to the point and the same will always help to add the value and get your TM application registered.
The most common reasons for TM Objections are:
To avoid Trademark Objection, one needs to select a proper trademark, do deep study and also keep the following points in mind:
If the trademark objection is not filed within the specified and reasonable time, then there is an option with the TM examiner to mark that Trademark application as Abandoned.
If 30 days has been passed off from the issue of the TM Examination report, you can file the reply, if the status is still showing awaiting for the reply of examination report and not abandoned.
Here are many reasons the TM Examiner raised the objections and some of them are:
The TM Applicant needs to respond back the Trademark examination report within 30 days of the receipt of the report. When the applicant receives the Trademark examination report by personal or via his attorney then reply needs to file within the 30 days mandatorily.
Once the application of Trademark registration is filed in the respective Tm Department and examined by a Trademark Officer/Examiner, a trademark examination report is sent to the trademark applicant or person authorized by the trademark applicant. Trademark examination contains the status of the Trademark application, more than 70% application got the objected status, and for these 70%, the applicant’s needs to respond back the objection raised within 30 days of receipt of the TM Examination report.
Trademark Objection raised by the TM Examiner and is in the initial stage of the trademark registration, which easily gets cleared in most of the cases while the Trademark opposition can be said the last hurdle in getting a registered status in the Journey of trademark registration and raised by the general public after trademark gets published in the TM Journal.