Trademark objection is regarded as the most important phase of trademark registration and must be handled carefully. The trademark objection process is a part of the trademark registration application process. The trademark examiner grounds their opposition on observations made while conducting the inspection on particular items. Care should be taken when handling it, and a strong response to any questions posed should be given; otherwise, the trademark application may be rejected. The trademark must be distinctive in every manner possible and should not be the same as or similar to any third-party marks.
One of the rights allowed to safeguard intellectual property in India is the trademark. The Trademark Act of 1999 covers rights such as trademark protection, registration, and opposition to a mark before a government body.
The procedures for trademark registration are as follows:
A registered trademark is protected against infringement since no other party may use it without permission.
The general public, the examiner, or any other third party may object to a trademark after it has been submitted for registration. The examiner may object to the trademark application for a number of reasons during the first phase of the trademark registration procedure. The registrar requests more information or clarifications concerning the logo and its legitimacy, even though the complaint cannot constitute the justification for rejection.
In the interest of the public good, the third party may also oppose the trademark. There are two ways the general public or a third party can protest the trademark registration:
The applicant must provide a thorough trademark objection reply within a month of receiving the objection, or within the specified window of time.
The trademark examiner reviews the application after receiving it to ensure that it is accurate.
There are a few possible causes for receiving objections:
Following the submission of the objection, the applicant receives notification outlining the reason for the objection. The applicant must next take the following actions after receiving the objection:
This response must be filed electronically using the Trademark e-filing system with the necessary supporting documentation.
We provide complete solutions for trade mark objections at Lex N Tax Associates. We provide the following services:
The examiner has the right to object to a trademark if he is not happy with it. The trademark must abide by all laws and guidelines. The application will get a notification, and they have 30 days to reply.
Trademark examination report of the trademark objection from IPI India.
Within three days after receiving an objection, trademark experts prepare and submit a response.
While a third party challenges the trademark’s legitimacy in an opposition, the examiner examines the registration requirements in trademark objections. Belongs under the Service category.
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