Trademark Objection

A trademark is any unique expression related to a product or service that distinguishes it from the others. This expression could be a word, slogan, logo, graphic, color combination etc.

In certain cases, if the Trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised within 30 days. The reply to the Trademark Examination Report should contain reasons, facts and evidence as to why the mark should be registered in favor of the applicant along with supporting evidence, if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised in the Examination Report, the application will be allowed to publish in the Trademark Journal, before trademark registration.

Trademark Examination Report:

Once a trademark application is filed, a trademark examiner will examine the application and provide an Examination Report and is sent to the applicant or the person authorized by the applicant. The examination report can also be accessed online.  If an examiner raises an objection, the applicant has a chance to submit a reply to the trademark examination report with an explanation within 30 days from receiving the examination report. The response submitted is then considered, and if the objections can be waived on the basis of the applicant's response, the trademark application is accepted for registration, and the same shall be published in the trademark journal for a period of 4 months.

Reasons for Trademark Objection:

The following are some of the reasons for trademark objection:

1. Same or Similar Trademark Exists
2. Incorrect Name or Address of the Applicant
3. Missed to File Trademark Form Authorization Form
4. Use of Incorrect Trademark Form
5. Vague Specification of Goods or Services
6. Trademark Lacks Distinctive Character
7. Trademark is Deceptive

MYDBIZ is the market leader in Trademark services in India. Before we get started with the engagement, all the required information and documents are collected. An engagement manager would be assigned who will be the point of contact till the engagement is completed. The average time required to complete the Trademark Objection Reply Drafting & Filing is 2-3 working days depending on the government processing time and client document submission.

For more information, feel free to contact us at info@mydbiz.com or call us at +91 9632 993 993.