Trademark Objection
TRADEMARK OBJECTION
ABOUT :
Trademark applications scrutinizes by the registrar after its online filing. And examiner inspects the application to make sure that the application is not in conflict with any rules of the Trademark Act. If the examiner finds any irregularity in the filed application, the registrar/ Examiner or a third party may raise an objection/question regarding the Trademark Application. This Trademark objection must be answered within 1 month from the date of notice issued regarding the Trademark Objection.
OBJECTION REGARDING TRADEMARK:
There may be the following kinds of objections regarding Trademark:
1. If the Trademark Application is filed through incorrect Trademark Form.
2. If the applicant's name is incorrect in Trademark Form.
3. If the Trademark Application does not provide proper information about goods and services.
4. If the Trademark Application contains a deceptive and offensive term of Trademark which is applied for.
5. If there is an existence of an identical Trademark. Which already exists in the industry.
A Trademark Registration might be objected to by the third party in the capacity of public interest.
• Objection by a third Party might be raised when the Mark is published in the Trademark Journal.
• Objection by the third party might be raised before its registration when the Mark is used by the applicant.
The applicant must file their counter-statement to the Registrar with all reasonable grounds within 2 months from the date of receiving the notice of Objection. in case the applicant does not file an objection within the prescribed limit the status of the application changed to ABANDONED. If the extension of time is required for reply beyond 30 days, the applicant has to apply for Form TM-M with requisite fees. When the counter-statement is filed, the Registrar may call the applicant for a hearing with all evidence. If the rules favor the applicant then the trademark will be registered and in the opposite case same will be rejected.
In case of rejection of the application, the applicant may file an appeal to the Intellectual Property Appellate board within 3 months from the date of the rejection Order.
DOCUMENT REQUIRED:
• Authorization letter
• Affidavit of usage
• Reply of Examination report
• Trademark hearing notice
• Documentary proof of Trademark in commercial use like letterhead, invoices, visiting card, brochures, financial statements, and other evidence where intended Trademark is being used.
## There may be complex things that occur during the process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time.
Our COMPLIANCES Expert, having expertise in all such kinds of matters, will resolve all problems pertaining to registration & compliances and will save your precious time and Money.
Working Process:
>Choose your Plan and Pay Securely.
> Upload required document
> An expert will be assigned to you for the procedure of submission of the application.
> Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours.
BASIC PLAN:
REPLY OF TRADEMARK OBJECTION FOR INDIVIDUAL OR SMALL & MEDIUM ENTERPRISES,
(1 APPLICATION AND 1 CLASS) WITH MSME REGISTRATION.
Service Fees: 2999/- inclusive All Fees.
ACE PLAN:
REPLY OF TRADEMARK OBJECTION FOR OTHER THAN INDIVIDUAL OR SMALL & MEDIUM ENTERPRISE,
(1 APPLICATION AND 1 CLASS) WITH MSME REGISTRATION.
Service Fees: 4999/- inclusive All Fees.
TIME EXPECTED: Law Compliances can help you in Registration of Trademark in 4-7 working days.
** ** Time taken for Incorporation will depend on the submission of the relevant documents by the client and also approval from the Government authorities.
FREQUENTLY ASKED QUESTION (FAQ):
After the Hearing, when will the Trademark be registered?
Trademarks will be registered in 3-5 months, approximately.
How will I know my Trademark is objected?
The status of the trademark application can be tracked here. The status will be displayed as “Objected”.
How long should I wait for the Hearing?
If your mark has been accepted, it will be advertised in the Journal within four months of raising an objection. If no such third parties raise trademark oppositions, the trademark will be registered in a couple of weeks.
After the Hearing, when will the Trademark be registered?
Trademark will be registered in 3-5 months, approximately. ***