Trademark Objections


Overview

TRADEMARK OBJECTION BY REGISTRAR

When the status of the Trademark in the Indian Trade Mark Registry website is shown as ‘objected’, this means that the Trademark examiner has raised an objection against the Trademark. The Registrar, after scrutinizing the trade mark application can raise objections against the application under Section 9 and/or Section 11 of the Trademark Act, 1999, at a preliminary stage.

Trademark objection by registrar is made under Section 9 if the Registrar thinks that the mark is descriptive of goods indicating quality or nature of goods. This means that if the mark is not a specific name, but a description of the work or the quality of the product, then the Registrar can raise an objection on the lack of distinctiveness of the Trademark. Registrar can also object to the trade mark application under Section 11 of the Trademark Act if the trade mark is identical or similar to trade mark which is already on the Trademark Registry or even similar to an already pending trade mark application.

If the examiner has objected to the Trademark application, a written response should be filed by the applicant within 30 days of receiving the examination report or when it comes to the knowledge of the applicant that the report is online. Sabkuch Legal is one of the best in the domain in preparing responses to Trademark Objection.

Steps involved in replying to a Trademark Objection

  1. Analyse the Trademark Objection
  2. Drafting detailed response to the Objection
  3. Attend the Trademark hearing if and when conducted
  4. Publication in Trademark Journal 

Trademark Objection after Publication

After advertisement the Trademark is open for objection for a period of 4 months.

Any person/entity may give a notice of opposition to hte registration of Trademarkstating grounds of opposition. After filing of notice of ooposition, the applicant for registration can file a counter-statement. After hearing the registrar decides the matter on merits.

Procedure

Procedure Trademark Objection

Frequently Asked Questions

How will I know my Trademark is objected? 

The status of the trademark application will be continuously tracked by us and informed to you. The status will be displayed as “Objected”.

What are the common reasons for Trademark Objection? 

Trademarks are rejected due to the following reasons:

  1. They are descriptive of goods including qyality or nature of goods
  2. Absence of unique terms
  3. Official and Patriotic resemblances-like flag or emblem
  4. Usage of identical marks in the industry

What to do if the deadline for response to Trademark Objection is missed?

Sabkuch Legal professionals can help file extension thirty days after the deadline.

What happens if one cannot attend the Hearing at the scheduled date

The applicant may request a hearing adjournment if not able to attend it.

How long does Sabkuch Legal take to respond to Trademark Objection?

We try our best to complete your task in shortest possible time.

Why choose us?

Why choose us Trademark Objection

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