Trademark

Overview

Frequently during the trademark enlistment, the Trademark Registrar or private individual may have a problem with its enrollment. We'll brief you on what steps should be taken if a trademark is protested or objected by someone.
What is a Trademark ?

A trademark works as a particular name of the assets/duties that a person is giving/trading from other such assets/duties. A trademark is an inaccessible asset or intellectual resource for a business once it is registered. That is, used to protect the company's stake in the brand.

What is a Trademark Objection ?

Trademark objection is one of the underlying stages in the trademark enlistment where the trademark investigator objects to your request because of some reasons. It's not a direct refusal of your case. However, the investigator looks for legitimate reasons or clarifications about the mark and its registrability. He permits the candidate to clarify how the said trademark fits the models to avail enlistment. It is a Trademark objection reply.

Trademark

Benefits of a Trademark Objection Filling

How to react to an Objection?

The candidate will be given prior notice about the objection.

  • The foremost important thing is to document a counter charge to the objection.
  • Keep in mind this has to be done within two months from the date of notification of objection received.
  • If failed to record an objection within two months, the state of the claim changed to Abandoned.
  • When the counter is recorded, the Registrar may require consultation between both parties. He will do so only if he rules in favor of the candidate that the trademark can be enlisted. On the off chance that he decides for the contradicting party, the trademark will be rolled out from the Journal, and the application for enlistment will be dismissed. At this point, the candidate may document an appeal to the Intellectual Property Appellate Board (IPAB): The application needs to get recorded inside a quarter of a year from the date of the application passed by the Registrar.
  • The candidate should confirm the document(s).
  • If the Deputy Registrar finds any deformities with the claim, he will give notice for the same.
  • The claim should be resubmitted within two months by the candidate after fixing the deformities.
  • Neglecting to do as such, the Deputy Registrar will consider the claim to be Discontinued.
  • If the claim is as expected, the Deputy Registrar will enroll the case and will give it a unique number.

When the case is enrolled, the IPAB will hear the case. The meeting place will be chosen as the authority under which the case falls. The conference will follow accordingly. The IPAB will settle looking into the entries made by the two parties.

On the off chance that one party neglects to introduce themselves in the conference, the IPAB can:

  • Rule on the benefits of the case
  • Provide a request ex parte
  • Release the case

If it is excused or is governed ex parte 30 days from the date of the decision is given to record an appeal against the previous request. The case will be revised again, and the request passed by the IPAB will stand till further notice. If the request passed by the IPAB accused the candidate, he has the choice to appeal to the High Court. Ensuring claims can likewise be filed to the Supreme Court of India.

Registration

How to Register for a Trademark Objection ?

Timelines for Filing Response to Assessment Report

The response needs to be recorded within 30 days of the assessment report with supporting document(s). The reply to the trademark assessment report needs to be drafted with lawful skill.

Charges and expenses

The charges rely on the level of the objection and the idea of it. In any case, the way toward documenting objections requires an investigation and examination. It is totally fine to go for proficient assistance while presenting an objection response.

Documentation

Document Required for a Trademark Objection

Process
1

Brand Logo

Logo in JPEG or PNG format
which you want to Protect
through Register Trademark
Process
2

Nature of Business

Brief Description of Business
under the Brand Logo
Process
3

Identity Proof

Any One such as Aadhar,
Passport, Driving License
Process
4

Address Of Applicant

Complete Address of the applicant
Trademark

How We Help

Keeping up the brand is pretty much as vital as making it. The timely filing of the trademark objection response can conserve your time, cash, and brand. Inability to do so may prompt a deserting of the trademark application. To ensure your image/brand name doesn't fall under the grounds of refusal, contact us for Trademark Objection.
Pricing Plans

Trademark Objection Reply Price Plans

Basic Plan

₹ 2599
  • Drafting and Filing of Objection
    Reply raised by Trademark Examiner
Buy Now

Standard Plan

₹ 4499
  • Drafting & Filing of reply
    raised by the trademark examiner
    containing more than 4
    contradictory existing similar trademark
Buy Now

Premium Plan

₹ 8999
  • Drafting & Filing of reply
    raised by the trademark examiner
  • Apply for a fresh trademark
    with the different logo
Buy Now
Parikalan

FAQ's

WHAT IS A TRADEMARK ASSESSMENT REPORT?
When the utilization of Trademark enrollment is recorded in the Tm department and analyzed by a Trademark Invigilator, a trademark assessment report is shipped off the trademark candidate. Trademark appraisal contains the situation with the Trademark application. Over 70% of these applications got the protested status. And, the candidates need to respond to the objection raised within 30 days.
If the Registry is happy with the response, it might admit something similar and continue to advertise the Trademark. Else, the Registry will require a consultation on the matter.
Indeed, the response to trademark objection can introduce at the Head Office of the Trade Marks Registry, by hand or by post. Moreover, any affirmation and supporting records may likewise have alongside the response.
It is desirable to question the suspended trademark or apply for another trademark form. Trademark enlistment is essential for making a legitimate move against infringers.
The Trademark application will be set apart as deserted by the Trademark Registry if a response to the appraisal report isn't recorded within 30 days of notice or by the all-inclusive time.
It shows "Objected" when the invigilator brings up criticisms concerning the registration of the trademark. The assessment report referring to the objections can be seen on the Trade Mark Registry site.
As the response is acknowledged and accepted, the claim is taken forward for enlistment and notice in the Trademark Journal. If it isn't acknowledged, the registry will check the matter for hearing and inform the Trademark Agent.
It requires 3 to 6 months to get the response handled.
Our Clients