A Trademark is any unique expression related to a product or service that differentiate it from others. This expression could be a word, slogan, photograph, logo, graphic, color combination, sound or even smell. But due to some valid reasons, trademark offices may have objections on any trademark application which does not meet their legal norms. There can be several reasons for trademark objection. It can be a cause of the similarity between logo or word with an existing one. It may be due to the sentiments attached to any religion. These are few reasons which can lead to Trademark Objection. If you receive any objection like this from another party, then you need to revert back within a month, that is within 30 days. You will receive a proper Legal Objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to reject the application.
Registry objections are based on genuine or absolute grounds. there are few firms who are helping to design your trademark and avoid objection.TM mark can be used with trademark after allotment of TMR number from the government.
Trademark Objection
Trademark objection refers to the queries raised by the trademark examiner on some phases in the examination report like a deceptive trademark, descriptive trademark, identical trademark.
Use of Incorrect Trademark Form
If the person not filled the form correctly, then it comes under the objection.
Incorrect Trademark Applicant Name
When the applicant name got mismatched which mention in the article, it comes under trademark objection.
The address is Incorrect on Trademark Application
A trademark application has not mentioned the principal place of business of the applicant or if the applicant’s address is changed and the services are not provided in the mentioned address., then an objection can be raised
Repetition Specification of Goods or Services
If any detail of goods and services specified in the trademark application is false or repeated then the examiner may raise the objection. A trademark application must be made in respect of goods or services in a particular class. If goods fall in more than one class then, in that case, it must be grouped together according to class number.
Trademark Lacks Distinctive Character
A trademark is objectionable if it has no potential to have the exclusive character to differentiate among the goods or services in the market. Trademarks with the lack of the distinctive character will not justice the goods or services, the one you applied for.
Trademark Objection Process
- Simplest form filling: You have to fill the form regarding the TM objection.
- Objection submission: We will maintain the required objection and file it with Registrar office .it will take 4 working days to complete. And you get TMR number
- Work completed: Once, the objection is filed, acknowledgment slip of same shall be sent.
Yes, but should have the contact number of the firm.
We can avoid the trademark objection by searching the previously existing trademark.
If you receive any objection from another party, then you need to revert back within a month, that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to reject the application.
Use of Incorrect Trademark Form
- Incorrect trademark applicant name
- Wrong address mention on trademark application
- Repetition or wrong specification of good and services.
- Trademark Lacks Distinctive Character
A trademark examination report is issued to the applicant by the trademark office which found similar or conflicting marks and for refusal. The applicant has to respond to the examination report within the given time, substantiating the reasons as to how the proposed mark is different and is not confusingly similar to the visioned marks. The examiner may either accept the response or schedule a hearing.
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