Trademark Objection in Raipur
When you file Trademark application for registration then it has to knock down several stages before it is finally registered in Raipur. Of these stages, scrutinizing your trademark application is one of them where your application is checked by Registrar/Examiner. If Examiner finds that your Trademark is not distinctive or similar to some existing trademark, then he seeks some clarification or raises some queries from the applicant. These queries or clarifications are raised in the form of Objections as to the acceptance of application for registration.
Trademark objections are raised by Trademark examiner in the Examination Report in Raipur.
Some common grounds of Objections:
- Lack of distinctiveness: If your trademark name is a just general description of goods, then it may be possible that the Examiner raises the objection.
- Resemble the existing registered Trademark: If your trademark is similar to existing registered trademark, then the Examiner raises the objection to the trademark application.
How do you know your Trademark is Objected?
If you search your trademark application status online then you will find your trademark status as objected in the trademark registry in case your trademark is objected.
So, if the examiner raises some objections to your trademark application in Raipur, then either you or your attorney (your representative) has to file a reply to the objections raised.
Procedures to clear Trademark Objections:
When Examiner raises the objections then you have to reply within one month. Though there is no model form to file a reply. It is just like written submission containing following points:
- Provide full details:
If objections have been raised on absolute and relative grounds then reply must contain the proper evidence to prove your point.
While drafting a reply, make sure there is uniformity in the reply otherwise it may happen that few point legally restricts you to take the stance which is in your favour.
If the Examiner is satisfied with your written submission, then your Trademark application is accepted and the same is published in Trademark Journal. But, in case Examiner is not satisfied with your written submission, then he may put your application for hearing on a particular date and you have to present in person at examiner office for a hearing.
If you are not able to file your reply then Registrar may cancel your trademark application and put you into position as you were earlier before filing the application.
Frequently Asked Question
We file reply within 2-3 days after the completion of documents from the client & try to register the trade mark within one month.
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.