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Trademark Objection

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Trademark Objection

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Trademark Objection

Trade mark objection is raised by Trade Mark examiner at the time of examination of trade mark in which an official examination report will be issued by the registrar within 3 months to 1 year of filing application of trademark registration.
In simple terms, objection means expression of disapproving by regulatory authorities. There are common grounds of Trademark objections, which are as follows:

ABSOLUTE GROUND OF TRADEMARK OBJECTION

  • Those marks which are devoid of any distinctive character.
  • Trademarks which may serve in trade to designate the kind, quality, values or other characteristics of the goods and services in question; or
  • Mark which are likely to hurt the religious of any class of citizens;

RELATIVE GROUND OF TRADEMARK OBJECTION

Section 11 lays down that a mark shall not be registered if there are plausible reasons to cause confusion amongst the public.

When the Trademark objections are raised by the registrar, a response should be filed within one month from the date of receipt of Examination Report otherwise, application shall be deemed to be withdrawn and treated as if it had not been accepted.

Frequently Asked Question

WHAT IS THE PROCEDURE FOR FILING REPLY OF TRADE MARK OBJECTION?
Trade Mark objection can be filed as per client requirement for quickly registration of trade mark by filing reply as per the objection raised by trade mark officer & if the examiner is satisfied from this reply, then the application is ordered for the advertisement/publication in the trade mark Journals.
HOW MUCH TIME IT WILL TAKE FOR FILING REPLY OF TRADE MARK OBJECTION?

We file reply within 2-3 days after the completion of documents from the client.

WHAT IS THE DOCUMENTS & INFORMATION REQUIRED FOR FILING REPLY OF TRADE MARK OBJECTION?

For filing trade mark objection following documents & information are required:

  • Trademark Application Number.
  • Copy of TM-1.
  • ID & Address Proof of the Applicant.
  • Power of Attorney.
  • Affidavit & Declaration for the amount of advertisement expenses on the Trade Mark.

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