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Trademark Objection

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Trademark Objection

After examination of the trademark application, the registrar will decide whether the appliance are often accepted or not. If not accepted, the registrar will mark the appliance as objected with specific reasons. The examination reports are going to be communicated to the applicant or trademark agent for submitting a reply to the examination report or registrar.

Trademark Registration Process : Examination / Objection

The following are the various stages of Trademark Registration process in India.

Trademark Objection

Trademark Objection is that the second stage of Trademark Registration Process. All the Trademark applications are going to be examined by the Registrar of Trademarks.

Trademark Examination Report

After examination of the appliance, the registry makes an examination report of application and can decide whether the appliance is often accepted or not. If Trademark application gets accepted, the registry moved application forward to advertise the Brand in trademark journal. just in case if the examination report contains any observations, an equivalent are going to be communicated to the applicant or trademark agent for submitting a reply to the examination report.

Trademark examination report shall contain the rationale for objection. The applicant or trademark agents are required to file his trademark objection reply in 30 days from the date of examination report. Generally, these examination reports are going to be communicated to the trademark agent for action.

Thereafter, the applicants are going to be directed to file a reply to the objection within 30 days of the examination report. If the reply to the examination report found satisfactory, the Registrar shall proceed to simply accept the appliance and can advertise an equivalent on Trademark Journal.

Reasons for Objections

The following are the main reasons marking the appliance as objected by the Registrar if Trademark:

Reasons for Objections - Explained

The grounds of refusal of TM application are often divided into two parts:

A. Absolute grounds of refusal :

Section 9 (1) to section (3) of Trade Marks Act, 1999

Section 9(1) prohibits the registration of these trademarks:

Section 9 (2) states that mark shall not be registered as a trademark if in case

Section 9(3) A mark shall not be registered as a trademark if it consists exclusively of

B. Relative grounds of refusal:

Section 11 of Trade Marks Act, 1999 lists the relative grounds for refusal of registration.

Section 11 of the Act stipulates that where there exists a likelihood of confusion on the a part of the general public due to the identity with an earlier trademark or similarity of products or services, the trademark shall not be registered.
In other words, where there’s similar trademark exists within the Trademark register the trademark shall not be registered.

The term “earlier trade mark” means a registered trademark or an application which features a date of application before the trademark in question.

Timelines for Filing Reply to Examination Report

The reply to Examination Report has got to filed within 30 days of the examination report with supporting documents. Also, the reply to the trademark examination report should be drafted with legal expertise referring decided cases on similar matters and judgements by Tribunals / Courts / International references.

Extension of your time To File Objection Reply:

In case the reply isn’t filed within 30 days of the report, the appliance are going to be declared as abandoned. The applicant can request the registrar to increase the deadline of 30 days by applying TM-M electronically through the trademark agent with a legitimate reason for the delay in filing the reply.

If the reply to the examination report is to be filed through a special trademark agent, a fresh Power of Attorney is additionally required. Once the filing is completed then got to draft an objection reply for an equivalent.