Trademark Objection in Surat

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Trademark Objection

What is a Trademark Objection?

A trademark objection occurs when the Registrar of Trademarks finds that an application does not fully comply with the Trademarks Act, 1999. In such cases, the registrar issues a Trademark Examination Report, seeking clarification on specific aspects of the application.

A trademark objection is not a rejection; it simply means that the registrar requires valid reasons or explanations regarding the mark’s eligibility for registration.

Common Reasons for Trademark Objections

A trademark application may face objections for several reasons, including:

1. Incomplete or Incorrect Information

If the application contains errors or missing details.

2. Similarity with Existing Trademarks

If a similar or identical trademark is already registered.

3. Descriptive Nature

If the mark directly describes the goods or services, making it non-distinctive.

4. further Legal Grounds

Any further justification recognised by the Trademarks Act.

How Should Respond to a Trademark Objection?

To comprehend the objections made, please read the Trademark Examination Report.

Prepare a well-drafted reply addressing each objection with proper legal explanations.

Attach supporting documents (if available) to strengthen your response.

Within 30 days of receiving the notice of objection, submit the response.

Important

Failure to respond within 30 days will result in your application being marked as “Abandoned”, meaning you will lose any claim over the trademark. You must file a new application if you wish to register it again.

How Online chartered Can Assist You?

Online chartered is having a penal of trademark experts. We will draft an appropriate reply against the examination report.

Steps to Resolve Your Trademark Objection:

Send us your trademark application details and the objection notice you received.
Our experts will analyse your application and examine the objections raised.
We will draft a professional response addressing all concerns.
You submit the reply within the deadline to keep your trademark application active

Get answers to all your queries

What is trademark objection?

Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability.

What is the time limit to file reply to TM objection/examination report?

Reply to trademark examination report needs to be filed within 30 days from the date of receipt of the report.

For how much time TM remains advertised in trademark journal?

On a trademark being accepted by trademark registry, it gets advertised for 4 months in a trademark journal.

What are the reasons for TM objection?

Contains incomplete/wrong information

Similar trademarks already exist

Trademark is descriptive in nature. That is trademark clearly describes the services which means lack of distinctiveness

What is the procedure after filing reply to examination report?

On filing of reply to examination report, If examiner is convinced and satisfied with the explanations given through reply, then your trademark can be accepted and advertised in trademark journal. But as opposed to this, if examiner is not satisfied with the explanation given by you, then he/ she allots you a date for personal hearing at his/her office.

Can I revive my trademark application once its abandoned?

NO, Once the status of trademark is abandoned it cannot be revived. A fresh application for the trademark is to be made.