For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the expectation of the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.
There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally.
Sometimes the trademark office may have objections on the trademark application applied if the said application does not meet their legal norms. However there can be many other reasons for trademark objection like similarity between logo or word applied with any existing one or due to the sentiments of people attached with any religion. If any objection is received like this from department/ Registrar, then a reply is to be made within a month i.e. within 30 days. A legal objection letter is received from Trademark department whenever any objection is raised and if no steps are taken to justify and differentiate the originality of the word or mark applied then the Registrar has the full rights to abandon the application.
Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to Reply of Trademark Objection .You may get in touch with our team on 072407-51000 or email firstname.lastname@example.org for assistance in replying trademark objection.
Process of Trademark Objection Reply
1. Complete the Questionnaire
We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the filing of reply for trademark objection.
2. Submitting Documents
The next step is to submit the documents and to begin with this step we will use the information as provided by you along with the signed documents. These documents will give us the authority to file your trademark objection on your behalf
3. Preparation of TM Objection Reply
After receiving the relevant information and consultation with our experts along with the signed documents we will move towards preparation of your trademark Objection reply in TM-O which is done online. We will share a draft with you and Once the draft is being confirmed from your side we will present the same to the trademark registrar.
4. Trademark Certificate
At last if the objection reply is accepted by the Registrar we will be granted the Trademark Certificate.
Get your Trademark Objection Reply filed in ₹ 1000/-
Reasons for Trademark Objection by Registrar/Department
The possible reasons on which department can raise objection may be based on any reasons mentioned below.
FAQs on Trademark Objection Reply
The response to the Trademark Registry is required to be filed within a period of 1 month from the respective date of dispatch. The reply can be submitted till the status of application shows “Awaiting Reply to Examination Report” and not “abandoned”.
When some of the objections are raised by the examiner regarding the register ability of the trademark it is said to be objected. In order to overcome this objection a response reduced in writing needs to be filed with the Trade Mark Registry. If the case where Examiner is not convinced with the response, a hearing is scheduled for allowing arguments to be put forth in person.
When the Registry accepts the application it is published in the journal for a period of 4 months and is opened for the Third Party opposition. After completion of 4 months, if no opposition is received by the third party, the Registration Certificate is issued by the Registry.
No, there is no requirement for stop using the trademark ™ sign. By way of issuing the Examination Report, the Registry does not mean to stop the applicant from using the said mark.