Filing reply of Trademark Objection
We tackle objections raised by authorities or third parties against your application, ensuring compliance and uniqueness
* Excluding Govt. Fees
What is a Trademark
A trademark is a mark, symbol, word, recognizable sign, phrase, design, or a combination thereof which create a visual identity of a business and that distinguishes and identifies the goods or services of one company from those of others. A trademark can also consist, in some circumstances, of musical jingles or oral phrases and slogans (such as American Express’s ‘Don’t Leave Home Without It’), colours or combination of colours and even smells. In fact, just about anything can be a trademark as long as it performs the key role of distinguishing the products (or services) of one manufacturer from those of others.
These designs or words help make it easier for the consumer(s) to identify the brand, quality and even the origin of the product. Therefore, the marks that these companies use in the course of their trade are known as Trademarks. In India, trademarks are given the recognition of an intellectual property and therefore is protected against infringement under applicable law(s).
Objection
- If the application contains incomplete or incorrect information.
- If there is already a similar trademark in existence.
How to respond to an Objection
- Notice of Objection:
- Once an objection is filed, you will receive a notice detailing the reasons for the objection.
- File a Counter Statement:
- Submit a response to the objection within 2 months of receiving the notice. If you don’t respond within this period, your application will be marked as “Abandoned.”
- Hearing:
- After you file the counter statement, the Registrar may schedule a hearing.
- If the Registrar rules in your favor, your trademark will be registered.
- If the Registrar rules against you, your trademark application will be rejected. You can then appeal to the Intellectual Property Appellate Board (IPAB).
- Appeal to IPAB (Intellectual Property Appellate Board):
- File an appeal within 3 months of the Registrar’s decision. If you file after 3 months, you must explain the delay and pay a fine of Rs 2,500. If accepted, your appeal will proceed.
- Application Verification:
- Ensure all your documents are verified and endorsed by the Deputy Registrar. If there are any defects, you will be notified and must fix them within 2 months, or your application will be considered abandoned.
- Hearing at IPAB:
- Once your appeal is registered, the IPAB will schedule a hearing based on jurisdiction.
- Both parties will present their cases. If one party doesn’t show up, the IPAB can rule based on the merits, issue an ex parte order, or dismiss the case.
- Further Appeals:
- If you are unhappy with the IPAB’s decision, you can appeal to the High Court and, if necessary, to the Supreme Court of India.
What is included in this
FAQ’s
A trademark objection refers to a formal objection raised by a trademark examiner or a third party against the registration of a particular trademark. It indicates that there are issues or conflicts with the proposed trademark that need to be resolved before it can be registered.
A trademark objection can be raised by trademark examiner at its own or by third party.
Common grounds for trademark objections can be in case of similar trademark, lack of originality, use of prohibited marks, filing an application with in-complete information/ documents
In case someone has received a trademark objection notice, then such person is bound to reply and file trademark objection reply within a period as stated under the trademark objection notice and in case somebody doesn’t file the reply within the stipulated time period, then the trademark authority has power to consider the trademark application as abandoned or rejected.
There is no specific timeline as defined under the applicable law, further it depends upon lots of ground like complexity of the objection, pendency’s at the trademark authority side etc.
While the terms are sometimes used interchangeably, they are different. An “objection” relates to concerns raised by the reviewing officer about the registration process. In contrast, “trademark opposition” involves challenges by third parties disputing the trademark’s validity.
