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What is Trademark Objection and how to file a Trademark Objection Reply Online

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Trademark is a type of intellectual property consists of design, sign or expression which identifies products and their services. In other words trademark is a sign capable of to differentiate the goods and services of one enterprises from those of others. Trademark Registration will confer exclusive rights.  

When trademark stuck in objected

There are two reasons of objecting the trademark by the authorized officer,

  • At the time of filing application for registration
  • Objected by public or third party, after being accepted the officials

Trademark Objection at the time of filing

Once the application for Trademark registration is filed, the Trademark officials will process the application, examine it and issue the Examination report. The Examination report issued by the trademark Officials states the grounds, facts and reasons along with all relevant provisions of trademark Act 1999, as to why the trademark application is objected.

Grounds of Trademark objection

  • The mark is similar to an earlier mark in term of goods and services.
  • The mark devoid of any distinctive character.
  • The mark contain bad or offensive words.
  • The mark serve in trade to designate the kind, quality.
  • The mark contains words which are prohibited as per Act.
  • The mark is well known in generic term

Time period to file the Reply to Trademark Objection

The reply to trademark objection shall be submitted online/offline within the 30 days from the date of Receipt of Examination Report. If the reply is not submitted within the stipulated time period, then the application shall be marked abandoned.

When trademark objection raised by public or third party.

Objection is raised when the public or any third party object the registration of the trademark. It is objected in the capacity of public interest.

Public or third party can object the registration of the trademark in two ways:

  • When the applicant uses the mark before its registration.
  • When the mark is published in the trademark journal after being accepted by the department.

The public may oppose the registration of a trademark within four months in both cases. The status will automatically change to OPPOSED, once it will be opposed by the public stating the grounds of opposition.

Time period to file the Reply to Trademark Objection raised by public or third party

Once the notice of opposition is received stating the grounds of objection, Counter-Statement must be filed within two months from the date of receiving the notice of objection

If the Counter-Statement is not submitted within the stipulated time period, then the application shall be marked abandoned.

On successful submission of the Counter-Statement, the Registrar of the trademark may call for the hearing. Both the aspects of the parties will be heard and submission of the relevant documents will be done, whoever will prevail the decision will be in the favour of that parties, whether it will registering the trademark of rejection of the trademark application.

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Author
Vipan Singh
Vipan is known for his passion for diversity and his work with corpseed. In his spare time, he is involved with numerous charitable activities and considers his greatest achievement to be the fact that he helps Startups and Entrepreneurs to scale up