Trademark Objection, After filing the trademark application, it’s sent for examination by the Registrar. Trademark objection is raised after an examination is done by the trademark examiner. This is, the initial stage which takes place in the registration process. The objection given is not a final decision. The applicant is given a chance to list out the reasons for any error or any indifference made in the application by the registrar. As to be able to prove, why your trademark falls within the fit criteria to clear any objection raised.
Trademark Objection is raised on main two issues. The first, if there is an error in the trademark application filed by the applicant. Second, the trademark search performed by your agent was not sufficient since the registrar found previous similar existence of trademarks in the registry.
Trademark Objection Due to Error in Application.
- Details are erroneous and incomplete.
If there exist any vague or incomplete details with regards to the applicant’s name, address, an application filed under incorrect class or any other false information. An objection is raised.
- Wrong use of Trademark form.
If a wrong application has been filed by you, an objection is raised.
Reasons for Trademark Objection
Other Grounds on Which an Objection Is Raised.
Trademark objection is not only raised on any errors in the application form. It is raised on for other 2 main reasons-
The first is the absolute ground of refusal, which means the trademark is not distinctive at all. It’s the incapability of the mark to be distinctive from the goods or services provided by one person to that of another. Another possible reason is, the mark indicates the kind of service or goods provided which stands for refusal from the registrar.
The second is the relative ground of refusal, this is about the earlier trademark and the rights related to it. When there is an existence of the earlier trademark which is similar as to what the applicant has filed. Then the applicant’s trademark would not be registered by the Registry.
Documents Required To File Trademark Objection
- Power of Attorney.
- Documentary proof must be presented, this includes invoices, communications and letterhead, brochures, visiting cards, screenshot of website and social media handles. All necessary evidence to prove that the trademark has been in use since the date as verified by you.
Trademark Objection Process in Timeline.
- Trademark status as Objected.
After filing the trademark application, an update must be kept by you on the application’s status. The status is shown as “OBJECTED” if the registrar finds it appropriate to do so by keeping in consideration the above mishappening mentioned. A copy of the examination report is communicated to you or your agent.
- Examination report must be analyzed.
The examination report must be analyzed as to be able to determine the reason for such objection.
- Drafting a response to objection.
In the following step, one must prepare a reply to objection. This reply must be sufficient in its own supported by rule of law, judgments and cases. Alongside, documents and evidence which supports and validates your response must be presented.
- Response until when to be filed.
The reply which shall be communicated to the registrar must be filed within 30 days. An extension may also be given by the registrar if the applicant proves sufficient reasons for the inability to reply on time.
- Objection reply when accepted.
If it is proved to the registrar that your trademark fits all the criteria, required to be met. The application will then be processed for registration and advertisement in the trademark journal.
- Objection reply when rejected.
If your application still seems to be unclear, the registrar will reject the application. And mark the matter for hearing to date and time by notifying your agent.
Trademark Objection Reply
Once an objection is filed the aspirant will be given due notice about the expostulation as well as the grounds of expostulation.
- The first thing one must do is file a counter statement to the expostulation.
- This must be done within 2 months from the date of damage of the notice of expostulation.
- Failure to file an expostulation within 2 months will change the status of the operation to Abandoned.
- Once the counter is filed, the Registrar may call for a hail if he rules in favor of the aspirant the trademark will be registered. However, the trademark will be removed from the Journal and the operation for enrollment will be rejected, if he rules in favor of the opposing party. At this juncture, the aspirant may file an appeal to the Intellectual Property Appellate Board (IPAB).
- The application must be filed within three months from the date of the order passed by the Registrar.
- Still, the aspirant must state the reason for the detention by filing a solicitation for condonation of detention with a forfeiture of Rs. 2,500, If an appeal is filed after the period of 3 months. If the reason is accepted by the IPAB the appeal will be posted for hail.
- The form must be done according to the rules specified in Trademark’s (Operations, Prayers and Freights to the Intellectual Property Appellate Board) Rules (hereinafter appertained to as Trademark rules).
- All of the attestation must be vindicated by the aspirant
- Every operation must also be championed by the Deputy Registrar on the date of on which the operation is presented
- If the Deputy Registrar finds any blights with the operation, he’ll give notice of the same
- The blights must be fixed and the operation must be resubmitted within 2 months by the aspirant.
- Failing to do so, the Deputy Registrar will suppose the operation to be Abandoned
- . Still, the Deputy Registrar will register the case and will lot it a periodical number, If the operation is plant to be in order.
- Once the case is recorded the IPAB will perceive the case. The place of the hail will be decided upon the governance under which the case falls according to rule 2 (m). A date will be given for the hail of the case. The hail will follow as similar.
- The IPAB will decide on the case grounded on the cessions made by the two parties.
- Still, the IPAB can, If one party fails to present themselves on the day of the hearing. Rule on the graces of the case give an order ex party (in the absence of one party).
Dismiss the case
If the case is dismissed or is ruled ex party a period of 30 days from the date of the ruling is given to file a solicitation against the earlier order. The case will be perceived and the instruction passed by the IPAB will stand. If the aspirant is displeased by the order passed by the IPAB he still has the option to file an appeal to the High Court with competent governance. Posterior prayers can also be filed to the Supreme Court of India.
Consequences Of Not Giving Response To Objection
If you fail to respond to the objection raised, within 30 days. You would be in a crucial stage, where the registrar shall abandon your trademark application making it unfit to be registered.
By the request of the applicant, an extension later after 30 days shall be given. This is given, only after filing form TM-M electronically by a trademark agent. The reason why an extension is sought must be clearly stated by the trademark agent. Despite the extension, if one fails to respond to the objection the application will be abandoned.
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