TradeMark Objection

TradeMark Objection

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OVERVIEW

In cases where the Trade Mark Registrar objects to registration of a trademark, the applicant has a chance to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons, facts, and evidence as to why the mark should be registered in favor of the applicant. If the Trademark Examiner finds the reply sufficient and the reply addresses all the issues raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

PMSPL is at the forefront of the business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing, and capital syndication. PMSPL can assist in filing a reply to the objection raised by a Trade Mark examiner. The average time taken to draft and file a trademark objection reply is about 5 – 10 working days, subject to government processing time and client document submission.  To get a free consultation on replying to a trademark objection schedule an appointment with one of our expert advisors.

What is the meaning of trademark application status “Objected”?

The trademark status in the Indian Trade Mark Registry website shows as “Objected” when the Registrar/Examiner has raised one or more objections in the
Examination Report.
After scrutinizing the trademark application, objections may be raised by the Registrar/Examiner under Sections 9 and 11 of the Trade Marks Act.
When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report.
The Trade Mark Registry usually uploads the Examination Report in the online records without any intimation to the applicant or its agent. Therefore, it is
desirable to submit the response within one month upon knowledge of Examination Report being uploaded in the online records. In cases where the
Examination Report is received from the Trade Mark Registry, it is important that the response is submitted within one month from the date of
receipt of the examination report. Otherwise, the trademark application will be abandoned by the Trade Mark Registry due to lack of prosecution.

 

FREQUENTLY ASKED QUESTIONS

The reasons for the objection can be many.The objection can be regarding the documents filed or regarding the fulfilment of criteria mandated by the statute and rules.
The Trademark may be objected by the examiner by questioning the essential criteria for registration, and the trademark may be opposed by the third party based on the credibility of the trademark.
The objection can be made concerning the trademark statute and rules, which expressly restrains the registration of the trademark on the basis of two ground absolute and relative grounds.
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