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August 14, 2017 Registrationwala

Difference between Trademark Objection and Trademark Opposition in India

Trademark Objections

Difference between Trademark Objection and Trademark Opposition in India

Trademark examination and Trademark opposition are the two terms we often hear when we deal trademark. Both the terms sound similar but both are separate proceedings. People often get confused between trademark objection and trademark opposition. Here are some fundamental difference between Trademark objection and Trademark opposition.

Trademark Examiner does Trademark objection whereas Trademark opposition is initiated by third (person in public having objection) and his/her has doubt in acceptance of your mark.

Trademark Objection is the part of Trademark examination process. In this process Trademark examiner examines your application and issues the Trademark examination report against your mark.  In most cases Trademark applications are objected and the objection should be responded within a month calculated from the date of issuance of the report. Whereas, third party opposes trademark. This is mainly done after the advertisement of the acceptance of your mark, from the Trademark registry in Trademark journal.

What is Trademark Objection?

Trademark objection is a form of preliminary negation issued by the trademark examiner after examination of your application. Trademark are objected for lack of distinctiveness some similarity with pending or registered marks. According to the trademark law and there are some other reasons as well like international proprietary names, geographical names, offensive or obscene words as a part of or as a trademark. It is the formality in most that can be overcome by proper representation before the registrar. In some cases one should approach the appellate board to appeal against the decision. It is mandatory to have periodical checking on trademark application. Trademark objection raised by examiner will lead to abandonment. It is similar to the fact like you’ve lost your money spent on Trademark Filing.  

Points to remember

  • Get in touch with a ‘reputed’ trademark attorney to represent your case. Unless you know what you are doing.
  • It is advised not to use sample or format available online. 
  • In case you are use the sample, the trademark office would not consider your reply and post your case for hearing.
  • Respond to trademark objection within 30 days.

What is Trademark Opposition?

Trademark opposition is a legal proceeding instituted by third parties. Opposition is similar to the activity like some body’s has stolen your exclusive right or idea. It is mainly accepted soon after its publication in the trademark journal, generally within 3 months from the date of publication. Opposition is third party action done by people having genuine interests in the trademark or by a person who feels that trademark registration of that trademark would be the decorum, market or any affect related to business of that person.

Opposition is an activity that is becoming increasingly common and easier than ever before. In case you applied for a trademark, even though the trademark examiner reviewed and approved it. Trade mark opposition is a serious matter should be kept in mind while registering a trademark. Opposition can sometimes lead to accusations and claims of infringement and monetary damages.

In case any applicant’s trademark has been opposed then he/she need to respond to the opposition within 2 months of the receipt of communication from the registrar of trademarks. Here are some of the difference between Trademark objection and opposition. 

Trademark objection

Trademark opposition 

Objection is issued by examiner

Opposed by the third party

Need to be responded within 1 month

Need to be responded within 2 months

No fee involved

Applicant need to reply with fee

Process under Trademark Registration

Separate process from Trademark Registration

No response will lead to removal

No response will lead to removal

Appeal lies against Rejection

Appeal lies against judgement

Acceptance is published in Journal

Judgement is communicated to the parties.

 

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