How to file Trademark Objection Reply in India?

We Indian people don’t like any kind of objection in our life and this is the matter of trademark objection. Then, how can we bear it? Today, in this article we will tell you about Trademark objection, reply, and trademark examination report reply.

So, after rushing here and there you select a trademark for your business and you wait for the seed to flourish but what you get a Trademark Objection from the government. We do understand the level of frustration you face that time and to help that we have written this article on how to deal with Trademark Objection in India where we’ll try to cover all the corners of the ground.

Table of Content Meaning of Trademark Objection Reasons of Trademark Objection Who will raise the Trademark Objection? What is The Time Period for Trademark Objection? Where Can Notice For Trademark Objection Be Filed? What is The Procedure for Trademark Objection in India? What to do when the online status of the Trademark Registration application says “objected”? What to do after filing Trademark Objection? Conclusion

Meaning of Trademark Objection

Trademark Objection in India is considered to be the most crucial and important stage for the registration of Trademark. Hence, after filing the application for registration of Trademark, the Trademark officials specifically examines them and analyzes the same application & the mark.

Registration of Trademark application can be rejected by the Authority on various grounds if they deem fit to do so. Many at times during the process of trademark registration, the Trademark Registrar may raise objections on the intended trademark if it seems to violate any rules and laws of trademark registration.

Reasons of Trademark Objection

Following are some of the reasons by which an application for Trademark Registration can face objection:

• Incorrect use of trademark form
• Wrong use of the applicant’s name
• Failure in the filing of Trademark form
• False address on the trademark application
• Inaccurate specifications of goods and services
• Trademark being already registered
• Lack of distinctive character
• Deceptive or Misleading Trademarks

Who will raise the Trademark Objection?

As mentioned under Section 21 of the Trademarks Act, 1999 ‘any person’ can file for the objection of trademark.This may include individuals, companies, partnership firms and trusts. However, if two or more persons have similar issues against any particular trademark to be registered, they can join together as opponents.

Further following personnel can file for the objection of a trademark:

• The author or the owner of an earlier trademark application covering Trademarks for similar goods.
• A person who has already used a similar trademark before the client, but has not sought registration of the same trademark. (Prior User)

What is The Time Period for Trademark Objection?

The third-party can file for the objection of trademark within the period of three months which may be extended to an additional one month from the date of publication of such trademarks.

Where Can Notice For Trademark Objection Be Filed?

The notice for the purpose of trademark objection can be filed at the trademark registry where the application for the trademark in the conflict has been filed earlier. Thus, it can be stated that if an application is filed at Delhi office, then the proceedings for objection of trademark should also be initiated at Delhi office only. 

What is The Procedure for Trademark Objection in India?

The following steps are involved in the process for the objection of trademark in India:

• Receipt Of Trademark Objection : Once the objection is received, the applicant shall analyze and study the objections carefully to leave no room for ambiguity.

• Objection Reply: Once the objection is received, the applicant shall file a counter statement to the objection raised. Proper answer with supporting rules and documents shall be drafted, such as:
  • An affidavit stating the usage of trademark
  • Advertisement in the media
  • Proof of availability of trademark online
Such reply along with supporting documents shall be filed on Trademark e-filing portal online.

• Hearing: Authority, when receiving the objection reply, will either approve or reject it as per its discretion. In case the authority accepts the reply, it will proceed further for registration and advertise the same in the trademark journal. However, in case it is not accepted, or authority sought for further clarification, the examiner shall schedule the trademark hearing and the same shall be notified through hearing notice.

• Trademark Journal: In case after the hearing, a trademark is accepted and granted, the same shall be published in the Trademark Journal. However, during the hearing, if the trademark is rejected, the authority shall pass the refusal order stating the reason in brief.

• Review Petition: Upon the receipt of refusal order, the applicant can file a review petition within 30 days of receipt of refusal order and shall specify the reason on which grounds the order must be reviewed.

• Registration: After the trademark is published in the journal, it shall remain open for four months for the opposition. In case of no receipt of any opposition during the stated period, it shall proceed towards registration and thereafter registration certificate shall be issued that contains the logo registered along with the class in which it is registered.

What to do when the online status of the Trademark Registration application says “objected”?

• Get in touch with a trademark expert consultancy
• Obtain the examination report and go through it thoroughly. React to the report and must mention how and why objections are not tenable.
• Give a befitting reply to the objections raised within 30 days from the date of receipt otherwise application will be considered as abandoned. It is crucial to submit the reply within the stipulated time period and in an expedited manner.
• Frame your reply in a clear and precise manner. Make it strong enough with high precision that it could establish the distinctiveness of the mark, thus making it eligible for trademark registration.

What to do after filing Trademark Objection?

Once a reply has been submitted against the objection raised via examination report, the Registrar will respond to the reply either by accepting the trademark or by conducting a hearing session.

In case a hearing date is given, hire a trademark consultant or lawyer who will represent you and put up your side before the authority strongly.

Contact Legal Window; we have an experienced group of people who are expert in handling trademark objection.

Conclusion

The trademark faces the objection during registration of Trademark on the ground of same or similar trademark which have been registered prior or applied before the Trademark registry by some third party. The Legal Window team ensures that the client dos not face the Trademark objection. In case we have to face so we are ready to help in framing the reply and support in whole Trademark registration proces