File Trademark (TM)
Objection Reply in India
- - Trademark Objection reply in 3 working days
- - Trademark Reply by Expert Attorneys
- - Free advice before payment
All About Filing Trademark Objection in India
Trademark Objection in India?
Whenever a trademark examiner founds that your mark is either identical to any registered trademark or it is not in consonance with rules or it has been barred by the law, then the term is known as Trademark Objection in India.
File a Trademark Objection Reply in India?
Filing a Trademark objection reply is mandatory otherwise you shall loose the brand protection. The process of filing the trademark objection reply in India is as follows:
#Study the Objection Ground Carefully: The primary step is to understand the grounds of the trademark objection properly because mistake in understanding the objection concept may lead to wrong filing of trademark objection reply. Hence, be cautious in understanding.
#Prepare the Trademark Reply: The second step is to finalize the prepared draft reply with the accused party. Drafting the trademark reply requires the special skill and hence should be given to the respective expert like lawyers, attorneys etc.
#File TM objection Reply: Once TM reply is finalized, you should file the reply online, as reply filed online are updated quickly.
do for “Objected” status of mark?
Once objection is raised by the trademark examiner, you must file the reply within 30 days to avoid the trademark being ruined or we should say abandoned. Hence, kindly track the trademark status from time to time to avoid the Trademark being abandoned.
Learn About Trademark Objection
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File your Trademark (TM) Objection Reply
A three working days procedure to file the Trademark Objection reply in India.
Documents Required for Trademark Objection Reply(We need all documents in scan form. No hard copies are needed)
Only Twoare Required
- - Power of Attorney
- - A basic Form to fill
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Trademark (TM) Objection Reply Filing Procedure
It takes approx 3 working days to prepare the draft reply and 30 to 60 days to get updated on the TM database.
The First Step is to study the facts of the case properly.
Prepare and Finalize
After studying the facts,prepare and finalize draft case properly.
After filing the TM reply the next step will depend upon the govt reply.
Total Cost for Trademark (TM) Objection Filing
As per the Trademark act, there is only two types of Trademark objection, one is under section 9 and another is under section 11, however, if application is not filed or prepared properly then the department may consider application as Formality Check Fail. Always remember, few points in this behalf:
- - Any mark identical to any existing mark shall not be registered.
- - Any mark describing the quality of the product like taste, best, neat etc is generally not eligible for Trademark unless contrary is proved.
Features ofObjection Reply
- It is mandatory in nature.
- Generally need to be filed within 30 days.
- If not filed, trademark shall abandon.
- Always keep a track on Trademark examination report.
- Trademark inspector may call you in person to clear any doubts.
- To be filed within 30 days
- If not file, lose brand protection
- Mandatory in nature
Know more about the TM Objection in India
FAQs onin India
Yes, you can file the TM objection reply by your own, but hiring a Trademark attorney will always help as these people always have the experience of drafting replies to the point and the same will always help to add the value and get your TM application registered.
To avoid Trademark Objection, one needs to select a proper trademark, do deep study and also keep the following points in mind:
- Deep research of the existing similar trademarks and thorough study of the database of trademarks.
- Use of unique, specific and not general and non-descriptive words.
- Avoiding deceptive, disparaging and offensive language.
If 30 days has been passed off from the issue of the TM Examination report, you can file the reply, if the status is still showing awaiting for the reply of examination report and not abandoned.
The TM Applicant needs to respond back the Trademark examination report within 30 days of the receipt of the report.When the applicant receives the Trademark examination report by personal or via his attorney then reply needs to filed within the 30 days mandatorily.
Once you saw that your trademark application status on IpIndia website is showing objected, then you need to go through the trademark examination report which you might received or you can dig out the same from IpIndia website.
Once saw the TM Examination report, you must need to file the reply within 30 days either by yourself or with the help of Hubco.in.
After filling the TM-12 I.e replying the TM objection raised by the trademark examiner it will take 30 to 60 days to change the status of the trademark application.
Trademark Objection refers to an objection raised by the trademarks examiner to register your trademark on different grounds which may include any one of the following:
- The trademark appears to be similar to an existing mark in the trademark database.
- The trademark contains phrases or symbols deemed to be offensive.
- Trademarks which make use of geographical names or international proprietary names.
- Trademark is identical or descriptive of goods/general//indicating quality or nature of goods.
If trademark appears to be in violation any of the points above, then the trademarks examiner can raise an objection and your mark will stand termed as ‘Objected’.
The most common reasons for TM Objections are:
- Objection of Section 9 – Trademark is descriptive or general in Nature
- Objection of Section 11 – Similar trademarks are available in TM Database
- Incorrect TM form used
- Description in the TM-1 is not as per WIPO
- Address in the TM application is incorrect
- TM-48 or POA is not filed with the TM-1 form
- Applicant name is not correct
If the trademark objection is not filed within the specified and reasonable time, then there is an option with the TM examiner to mark that Trademark application as Abandoned.
There are many reasons the TM Examiner raised the objections and some of them are:
- Applicant have not used the correct Trademark form for Application
- Applicant have used not used the correct Trademark Applicant Name
- Applicant have not filled the correct details of the firm or firm type
- The Trademark Form TM-48 (POA) has not been filed by TM Attorney
- Applicant have mentioned incorrect address on the trademark application
- The description in the TM Application is not as per WIPO
- If the same trademark or a similar trademark already exists
- If the trademark name is descriptive or general or offensive
Once the application of Trademark registration is filed in the respective Tm Department and examined by a Trademark Officer/Examiner, a trademark examination report is sent to the trademark applicant or person authorised by the trademark applicant. Trademark examination contains the status of the Trademark application, more than 70% application got the objected status, and for these 70%, the applicants needs to respond back the objection raised within 30 days of receipt of the TM Examination report.
Trademark Objection raised by the TM Examiner and is in the initial stage of the trademark registration, which easily gets cleared in most of the cases while the Trademark opposition can be said the last hurdle in getting a registered status in the Journey of trademark registration and raised by the general public after trademark gets published in the TM Journal.
Once the Trademark is Published in Trademark’s journal, there is four-month window will be given to the general public to raise the trademark opposition. Trademark opposition comes after the trademark objection gets cleared and the TM is already advertised or re-advertised in the TM Journal.
Hubco.in will take 2-3 days to deeply study the Trademark case properly and draft the TM objection reply and file the same.