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Trademark Objection

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Trademark Objection

Trademark Objection

A trademark is a logo, symbol, slogan, or a combination thereof that represents the identity of a brand. During the trademark registration process, the Trademark Registrar frequently raises objections on the intended trademark if it violates trademark registration rules and laws. It could be for a variety of reasons, including similarity to an existing trademark, offensiveness to a specific religion, lack of a distinguishable design, etc. In the event of a trademark objection, a thorough response must be lodged within one month of the objection’s issuance.

Opposition to a trademark is one of the initial phases of the trademark registration procedure, during which the trademark examiner objects to your application for a variety of reasons. It is not a simple denial of your claim; rather, the registrar requests valid reasons or explanations regarding the mark and its registrability. He provides the applicant the opportunity to explain how the trademark meets the registration requirements.

Benefits of Trademark Objection : 

Prevent abandonment of rejection
Highlight uniqueness of the mark
File an appeal, not a new application
Documents Required?

1. Authorization letter
2. Affidavit of usage
3. Examination report
4. Trademark hearing notice
5. Documentary proof of Trademark in commercial use.
6. The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date

FAQ

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.

If your mark is accepted, it will be published in the Journal within four months of your objection being filed. If no such oppositions are filed, the trademark will be registered within a couple of weeks.

If it is not successful, there will be a Refusal Order passed that explains the reason for the refusal.