A trademark is a type of intellectual property consisting of a design, sign or expression which identifies products and their services. In other words, trademark is a sign capable of differentiating the goods and services of one enterprise from those of others. Trademark Registration will confer exclusive rights.
When the trademark is stuck in objected
There are two reasons of objecting to the trademark by the authorized officer,
- At the time of filing the application for registration
- Objected by the 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 the 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 contains bad or offensive words.
- The mark serve in trade to designate the kind, and quality.
- The mark contains words that are prohibited as per Act.
- The mark is well known in a generic term
Time period to file the Reply to Trademark Objection
The reply to the trademark objection shall be submitted online/offline within 30 days from the date of receipt of the Examination Report. If the reply is not submitted within the stipulated time period, then the application shall be marked abandoned.
When a trademark objection is raised by a public or third party.
The 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.
A 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 a 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 the parties, whether it will register the trademark of reject of the trademark application.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
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