A trademark application undergoes various stages and procedures. Trademark Objection is one of
the crucial stages of the application where the Registry officer keenly reviews the application and
checks it. He verifies the application if it is according to the Trademark act and law.
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After reviewing the Trademark application, an examination report is assigned to the applicant with
the comments of the Registry officer.
If the officer finds no dispute of rules or no other challenges in it then it goes to publication in the
journal. However, if there are any conflicts or disputes, the examiner or officer has the right to raise
an objection and warn the applicant or attorney to present his reply against the filed objection. An
applicant must reply to the objection that why it should be transferred to the next stage of the
process. If the applicant fails to respond against the objection the application may reject for
Trademark.
1. To Prevent Rejection of the Application
The Trademark objection reply is a crucial as well as an important stage of the trademark
application. It is the mandatory stage to go further to reach the next level. If an applicant
does not provide a valid reply to an objection within a month from the date of objection.
This will lead to the rejection of his Trademark application.
2. Establish your Trademark & Uniqueness
The objection reply offers the applicant opportunity to provide a valid reason for granting
his/her trademark registration. Through a reply, an applicant can prove the uniqueness of
his/her Trademark and clarify the objection bases wrong.
PAN Card
Address Proof of Applicant
Certificate of registration (other than Individual applicant)
Trademark registration certificate
The application filed with the TM Registry
1. Package Selection
The applicant first needs to select a package according to them and fill in all the required details in the form.
2. Discussion on the grounds of Objection
We will collect the documents required in the process used in the process of registration of a trademark.
3. Drafting of reply
We will provide you with the appropriate responses after selecting the right response from your side, we will
move forward with the drafting of the reply.
4. Filling Trademark Objection Reply
After drafting the valid reply, we will upload it in the Trademark application objection reply form according to
the required format. The team ensures to update you with all the processes after it.
Legal24by7 is here to make everything easy for you. If you have any doubts about how to start with the procedure,
we are here to resolve this confusion for you. We will enlighten you about what are the different criteria you must
fulfill & what is the best possible way you can do everything smoothly. For convenient Trademark Objection Reply, we
have a team of highly skilled professionals and a large network of people who can assist you with every service that
you will need.
Once an objection is raised on a Trademark, the Registrar summons both parties for a hearing. The Trademark applicant can proceed further with the registration if he wins. If the verdict goes in favor of the opposition party, the trademark registration application will be rejected and will be removed from the Journal as well.
A detailed reply to an objection must be filed within one month of the date of the objection’s issue. The Trademark objection reply takes 3 to 6 months in general. The government charged no fee for filing a reply against any Trademark objection.
After the issue of Trademark -12, a Trademark objection was raised by the Trademark Examiner to analyze the Trademark. The Examiner will take 30 to 60 days to analyze it and change its status.
If the Trademark gets opposed by a third party and the registrar authority finds it true then the Trademark registration will be rejected by the applicant.
The documents required for renewing a Trademark include a copy of the registration certificate, a copy of the TM-A form (original trademark registration application), ID & address proof of the applicant, and power of attorney (If the applicant is an agent or an authorized representative).
Trademark renewal can be done online with the help of a Registered Trademark Attorney in India. Applicants need to pay the required renewal fee and additional fee in case of late payment to get their Trademark renewed. A renewal application must file six months after the expiration of the current Trademark registration.
Trademark objection is the primary or initial stage and Trademark opposition is the later stage of the registration. The objection can be done by the Trademark Examiner to examine the Trademark whereas the opposition is made by the third party against the registration of a Trademark.
There are certain ways to settle an opposition Trademark that includes – Withdrawing Trademark application Having enough evidence to win the opposition case Modifying the Trademark
The Trademark got rejected when it contains immoral, false, or scandalous words, symbols, or images. It will also reject the Trademark containing the Indian flag or the flag of any other nation or state, or any other municipality.
Trademark objection section 11 and section 9 of the Trademark Act 1999 can be used by the registrar to object to any Trademark. Applicants can file a response within a month of the date of receipt of the examination report. This response or counterstatement can be filed through a TM-0 application.
