Trademark Objection Reply - Procedure, Documents Required, Fees
Trademark registration is a lengthy process and usually takes around 6-18 months. The foremost and most important step is the examination report issued by the Registrar which decides whether the trademark objection would arise or not.
For registering a trademark, you first need to fill an application form for registration of the trademark and then the application is examined by the Registrar for any inconsistencies. This examination process might take around 30-45 days. There are chances if the Registrar accepts the trademark absolutely, conditionally, or object to it.
The registrar could object to the trademark under “Section 9 & 11 in The Trade Marks Act, 1999”. If the application form contains any set of false or incorrect information about the trademark or the applicant’s particulars then the registrar raises an objection to the trademark and sends it to the applicant.
What is Trademark Objection?
Trademark Objection simply doesn’t mean refusal of trademark registration application but in fact, significantly demands a sense of clarity regarding the trademark that applicant has opted for registration. When the trademark application reaches out to the Registrar and registrar finds out any incorrect information in the application form or not finds the trademark appropriate for registration with any sort of reason then he marks the trademark application as objected and sends the examination report to the applicant along with the reasons and grounds of raising objection against it.
The Applicant has to file the trademark objection response in support of their favor. If the applicant fails to do so then the application will get rejected. Now let’s get a basic idea about why the trademark is objected to. What is the format for replying to trademark objections? How to check if our Trademark application is objected or not?
Trademark Objection Status
Since trademark registration is a long-term process and takes nearly 6-18 months for approval, so you need to get updated with the status of your application.
The Indian government offers online assistance for tracking down the status of trademark registration applications. Tracking your application status helps you get the info if your application is objected, opposed, or whatsoever the status is. However, Examination report is sent to the applicant in case of objection and opposition. It is preferable to be aware of your registration status, as a trademark is extremely valuable to you and your business.
Let’s know how to check the status of your trademark registration online:
⇒ First, visit the official government site for trademark registration.
⇒ Then click on the "Trademarks" section, and the drop-down menu will open.
⇒ Click on "Related Links" and then select "trademark Status".
⇒ It will redirect you to another page, then click on "trademark Application/ Registered Mark" from the side menu.
⇒ Then fill out your application number, and you will get the status of your trademark application form.
If NO Objection is Raised
Now after filling your application number, you will get to know about your trademark status. If the trademark is still in examination procedure under the Registrar then it would be displayed as “Marked for Exam”. If in the status, it is displayed as “Advertised bef acc” then it means that there was no objection raised by the registrar and the trademark is ready to be published in the Trademark Journal.
A time frame of 3 months is given for raising Trademark Opposition. If any third party opposed the trademark then a legal notice will be sent to the applicant to which the applicant has to reply to the opposition for the trademark. When an opposition is filed then the status will be changed to “Opposed”.
If no opposition is filed to the registrar after 3 months of publication of the trademark in the Journal then the trademark would be approved by the Registrar.
Status of Trademark registration will now be changed to “Registered”.
If Objection is Raised
After tracking down your application status online you come to know that the status of your application is “objected” then it means that the registrar found out any sort of false or incorrect information about you or your company’s information in the application form or the trademark you are wishing to opt is not available or cannot be registered. The registrar can object to the trademark under “Section 9 & 11 in The Trade Marks Act, 1999”. Now the registrar would send an examination report to the applicant with the grounds of raising objection against the trademark. The applicant must reply to the registrar with a well drafted and point wise trademark objection response within one month of the examination report in support of his trademark. If the applicant failed to reply to the registrar then the trademark would be marked as abandoned.
Reasons for Trademark Objection
You may be wondering how we can guarantee that the trademark registration form will not be objected. While there is no such thing as 100 percent certainty, knowing the reasons for a trademark objection will help you minimize the likelihood of receiving a trademark objection from the registrar.
The following are some of the most common reasons for trademark objection:
⇒ Applicant’s wrong/incorrect data.
⇒ Lack of distinctiveness in trademark.
⇒ The trademark serves as a description of the company's services and products.
⇒ Pre-existence of a similar trademark
⇒ Disrespectful to any religion.
⇒ Insult to the national flag and emblem…
⇒ Filing incorrect form
⇒ Filing under wrong trademark class
⇒ False specifications
⇒ Mismatch of the affidavit
Benefits of Trademark Objection Reply
⇒ You may stop having your trademark abandoned. One of the most important benefits of reacting to a trademark objection is that you have the chance to defend your position against the objection that has been posed against your trademark registration application.
⇒ Establish the individuality of your brand. If you give ample evidence in support of your response to an objection about your trademark's sole ownership and uniqueness, the chances of trademark opposition on the basis of distinctiveness and ownership are reduced, making the trademark registration process easier for you.
Documents Required for Trademark Objection Reply
Documentation required for replying to the trademark objection are as follows:
⇒ Brand Logo
⇒ Examination Report
⇒ Supporting Proof of Logo Ownership
⇒ Proof of your identity
⇒ Address proof
Trademark Objection Reply Fees
The cost of filing proper reply to trademark objection would be ?1,999 Only.
| TM Attorney Fee | Rs 1,899 |
| Affidavit | Rs 100 |
| Total Fees | Rs 1,999 |
Trademark Objection V/S Trademark Opposition
The majority of people are baffled by the difference between trademark objection and trademark opposition. In reality, both terms are distinct and necessarily require distinct sets of legal actions to respond to them.
| Trademark Objection | Trademark Opposition |
| can only be raised by the registrar only if the registrar finds any set of wrong/incorrect information in the trademark application. When a trademark is objected by the registrar then in the status of your application form it would be shown as “Objected” whereas | can be filed by any third party after publication of Trademark in the Trademark Journal if they find a trademark similar to their trademark or any other existing trademark. When a Trademark is opposed by any third party then in the status of your application form it would be shown as “Opposed” |