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What Is Trademark Objection In India

It is estimated that around 60% of trademark applications are subject to opposition. This reflects that the TM instances are ordinary. As a result, you should exercise extreme caution while applying for registration. Because, no matter how hard you worked on crafting the application, the objection to the TM does not take long. So aren’t you curious to explore trademark objections?

 

Well, once the trademark application is filed, it must pass the examiner’s strict examination. There is a possibility that the trademark examiner will reject the filed trademark registration application. It is popularly referred to as Trademark Objection. It signifies that the examiner has reviewed the application and declined it.

Benefits of Trademark Objection Reply

The preparation of a trademark examination report is all that is required to complete the trademark objection procedure. The report determines if the trademark is permitted or not. Hence, the trademark objection report is your last calling. If the trademark objection application is not well answered, all efforts to register your trademark will be futile.

CHANCE OF CLEARANCE

Providing convincing proof of a trademark’s uniqueness may increase the likelihood that the application will be approved.

PROTECT BRAND

Meanwhile, you’ll be utilising the TM Symbol to familiarise your consumers with the brand. To save time, money, and effort, responding to the objection would be beneficial rather than submitting a new application.

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Documents Required for Trademark Objection in India

For Trademark objections following documents are required:

  • Authorised Document
  • Trademark Examination Report
  • Proof of identification
  • Proof of address

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Trademark Objection

Frequently Asked Questions (FAQ)

The common grounds of Trademark objection includes;

  • Not a Distinguished or Unique Mark
  • Marks that are deceptively similar
  • Mark representing Product Characteristics 
  • Trademark’s Descriptive Nature

Following the submission of the Trademark Application, the subsequent stage is the trademark examination by the Ministry of Trade & Commerce, and the Ministry publishes the examination report from time to time. The status of the application is changed to ‘Objected’ with the warning ‘Awaiting Reply to Examination Report’ if any resemblance to an existing trademark is discovered after the examination report is issued. The report is available for download from the IPR website.

The trademark examination report will be obtainable on the website of IPI India for the objection over a trademark.

The trademark objection is raised by an examiner asking about the standards followed during registration. Whereas, the opposition is raised by third-parties on the credibility of the trademark.

No, it is not, yet filing an objection letter requires legal knowledge and good drafting skills. Also, if the examiner objects, it is necessary to respond promptly. Therefore, it is recommended that you hire a professional attorney. Law Suvidha has extensive experience and a strong legal understanding. Get your work done early while you sit back and relax.

Yes, you can. The Trademark Registry does not intend to prohibit the use of the TM sign when issuing a trademark complaint or Examination Report. All that is required is a proper legal response to the objection raised.