Trademark Objection

Trademark Objection

A trademark is a logo, symbol, tagline, or a combination of these that represents a brand’s identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.

Top Reasons for Trademark Objection

1. Filing Of Incorrect Trademark Form

If the application is not filed using the correct form an objection would be raised by the examiner. For example, it is Form TM-4 for registration of collective marks for goods and services in any one class. Form TM-51 for registration of a trademark under different classes of goods and services.

2. Incorrect Trademark Applicant Name

Trademark has to be filed on the true name of the applicant and double-checked for the right spellings.

3. Usage Of Deceptive And Offensive Terms

Trademark names that include deceptive terms or that which try to deceive or mislead customers with false descriptions of products or services will be rejected. For instance, an entity branded “Vanilla chocolates” that sells chocolate flavours may be deemed deceptive. At the same time, applications registering for trademarks containing offensive terms will be rejected.

4. Insufficient Information On Goods/Services

When the trademark application fails to mention in brief the products and services of the business, it is highly likely that the Trademark Examiner may reject the application due to the vague information.

5. Existence Of An Identical Mark

The intended trademark must not be similar to any mark that already exists in the industry. The Trademark Examiner can raise objections under the Trademarks Act stating that it might create confusion among the masses.

How To File A Trademark Objection Response - A Detailed Process

checklist 239x300 1
When an objection is raised, the status of the trademark in the Indian Trademark Registry will be marked as “Objected”. The following are the steps to file a response in the event of a trademark objection:

Step 1: Analyzing Trademark Objection

The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response.

Step 2: Drafting Of Trademark Objection Response

The next step is to draft a trademark reply which should include the following:
  • A proper answer to the objection raised with supporting rule of law and precedents and judgments supporting the case
  • The differences between the conflicting mark and the mark of the applicant.
  • Other supporting documents and evidence that validates the response.
  • An affidavit stating the usage of the trademark in the applicant’s website and social media channels; advertisement in the media; publicity material; availability of trademarked products on e-commerce sites, etc. along with the documentary proof for the same
  • The response draft is then filed online on the Trademark e-filing portal.

Step 3: Trademark Hearing

If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and the same will be notified with a notice.

Step 4: Publication In The Trademark Journal

If the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal.
In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed.

Step 5: Registration

Once your trademark is published in the Trademark Journal, it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and the Registration Certification is issued. If an objection is filed the opposition proceedings will take place as per the prescribed rules of the law.

Document Required

  1. Authorization letter
  2. Affidavit of usage
  3. Examination report
  4. Trademark hearing notice
  5. Logo if applicable and available
  6. Address proof
paperwork

How To File A Trademark Objection Response - A Detailed Process

Intimation – If you have filed your trademark with us, we will intimate you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection. If you are not a customer, it’s best you contact us within a month from the publication of the report.

Our Legal Team – We give due importance to each case and our best lawyers will handle your case and prepare the documents. The response will be submitted.

Handling Objections – If the Registrar does not accept your initial response, an interview is scheduled, where the arguments are presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.

Frequently Asked Questions

The status of the trademark application can be tracked here.The status will be displayed as “Objected”.
The response has to be submitted within 30 days from the date of issuance of the examination report.
Team In Filings professionals can help file extension thirty days after the deadline.
Yes. An affidavit mentioning the usage of the Trademark has to be submitted mandatorily.
If your mark has been accepted, it will be advertised in the Journal within four months of raising an objection. If no such third parties raise trademark oppositions, the trademark will be registered in a couple of weeks.

Get the Best Service

We provide you best service at reasonable fee, contact Us.
[gravityform id="1" title="true"]

Some of Our Clients

OMS
SMFP
Mantri Mobiles
Arogya Ahaara
Pillars 360

Our Clients Speak

We have been working with clients around the world
Team IN Filings
5.0
Based on 123 reviews
powered by Google
GYANA PANDAGYANA PANDA
09:23 30 May 23
As a loyal customer of Team IN Filings in Bangalore, I am thrilled to express my utmost satisfaction with the exceptional service they provide. Their expertise in GST filing services and other areas, combined with their commitment to customer satisfaction, has truly impressed me.When it comes to GST filing, Team IN Filings leaves no stone unturned. They have a highly knowledgeable team that meticulously reviews my financial records, ensuring accuracy and compliance with all regulatory requirements. Their attention to detail is commendable, and they always complete the filing process in a timely manner.Moreover, their additional service offerings, such as PT (Professional Tax) assistance, have been instrumental in simplifying my tax obligations. Team IN Filings exhibits a deep understanding of the tax landscape, providing valuable insights and guidance throughout the process. Their expertise has been invaluable in helping me navigate complex tax regulations.What sets Team IN Filings apart is their exceptional customer service. From the moment I engaged with them, their team has been attentive, responsive, and friendly. They patiently address all my queries, provide clear explanations, and ensure that I am fully informed about every step of the process. Their dedication to customer satisfaction is truly remarkable.I also appreciate the transparency and affordability of their services. Team IN Filings offers competitive prices without compromising on the quality of their work. Their pricing structure is fair and transparent, giving me confidence that I am getting excellent value for my money.In conclusion, I wholeheartedly recommend Team IN Filings for all your GST filing and other taxation needs. Their expertise, professionalism, and exceptional customer service have exceeded my expectations. I am incredibly grateful for their assistance and look forward to continuing my partnership with them in the future.Five-star rating: ⭐⭐⭐⭐⭐
Lakshmi harish HarishLakshmi harish Harish
07:31 24 May 23
As a Client I m happy to work but unfortunately I became a Student of Mr.Prakash sir bcoz from 6 months almost I lost my interest on my Brand name but ,now I positively changed my mind nd Brandname to grow good Business its all credits goes to Praksh sir Bcoz,that much he had explained me like a Teacher about company nd brand building so really I m very happy to work forward with them so thank u soooo much sir..........
Yusuf DYusuf D
05:33 24 Apr 23
Highly professional team of CA, CS and trademark experts. Exceptional tax advisory services offered in Bangalore and they will help in company registration, GST filing, Income tax filing and management consultancy services.
jeevan rajjeevan raj
05:24 24 Apr 23
Highly professional team of of Ca,Cs and trademark experts with highly knowledgeable experts. They help is gst filing, company registration and consultancy services etc . The Team In filings team are highly qualified and will help you company registration, accountants, gst filing, IT filings and management consultancy services .
Syed Bilal IrfanSyed Bilal Irfan
04:55 22 Apr 23
Mr. Prakash and Mr. Damodara and entire Team IN Filings are very knowledgeable, cooperative and very prompt to requests and queries regarding GST filings, ITR filings and most importantly Mr. Prakash is highly professional when it comes to Company Incorporation and other compliances of Private Limited Company.It is highly recommended for any private limited company to go ahead with Team IN Filings. Kudos to the entire Team IN Filings.
js_loader
Meet Our Team

The Faces Behind Our Success

We’re smart, we’re hardworking, We’re easy to talk & We love a challenge.
Employee profiles. By including employee profiles with relevant information on each team member, visitors will have a better idea about who they should address their problem, question, or concern with. …

Ready To Reach New Heights?
Let's Get There, Together.

Team IN Filings office Bangalore, make sure to support to your business in each stage to achieve your business
Scroll to Top