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Applicants are required to file the response against trademark objection within 30 days from the issuance of trademark objections. After the deadline it may lead to abandonment of trademark application.
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Respond to TM Objection

An Overview- Trademark Objection

A trademark is a logo, symbol, phrase, or mix of these that represents the identity of a brand. Frequently, during the trademark registration procedure, the Trademark Registrar objects to the planned trademark if it violates trademark registration regulations and laws.

This could be for a variety of reasons, including similarities to an existing brand, offensiveness to a particular religion, or the lack of a distinctive design. A thorough reply to a trademark objection must be filed within one month from the date of the objection's issuance.

We ensure perfect customer satisfaction and timely delivery of services by team of qualified expert team and Chartered Accountants. We, Startup Club India, help you to draft and submit a perfect counter reply to the objection received.

What to do after trademark objection?

After you receive the objection report, you are required to file a reply of the objection within 30 days from the date of objection issued. You will have to give the justification that how your logo, tagline, name, symbol or the combination fulfils the requirements to be a valid trademark.

It should be done within the 30 days unless it may lead to abandonment of trademark application. Timely filing of objection replies can save your time, money and brand.

Benefits of filing response to a Trademark Objection

Filing the response to the trademark objection with valid evidence has following benefits:-

  • The proposed trademark can be saved from abandonment or rejection by providing an effective response.
  • If the response can prove the uniqueness of the trademark then it will increase the possibility of trademark registration
  • Your company can start using TM while waiting for the trademark registration. So it is better to file reply of trademark objection rather than filing a new application

A detailed process of filing a trademark objection response

The following are the stages for responding to a trademark opposition:

Step 1: Examining the Trademark Opposition

The first stage is to thoroughly analyse and research the objection, since any misunderstanding in comprehension can result in the improper submission of a Trademark Objection Response.

Step 2: Drafting a Response to a Trademark Opposition

The following stage is to draft a trademark response that includes the following:

  • A correct response to the point stated, including supporting rule of law, precedents, and judgements.
  • The distinctions between the conflicting mark and the applicant's mark.
  • Additional documents and documentation that substantiate the response.
  • An affidavit declaring that the trademark is used on the applicant's website and social media channels; that the trademark is advertised in the media; that publicity material is available for trademarked products; and that the trademarked products are available on e-commerce sites, etc.
  • The draft response is then filed electronically using the Trademark e-filing system.

Step 3: Hearing on the Trademark

If the response is acceptable, the application will be forwarded to the Trademark Office for registration and publication in the Trademark Journal. If it is not accepted, or if the Trademark Examiner requests additional clarifications, a trademark hearing will be convened and the parties will be notified through notice.

Step 4: Trademark Journal Publication

If the hearing results in a favourable decision, the mark will be accepted and published in the Trademark Journal.

In the event of a negative conclusion, a Refusal Order outlining the cause for the refusal will be issued. The applicant may still appeal the ruling by filing a review petition within 30 days after the date of the Refusal Order, stating the grounds for review.

Step 5: Registration Certificate

Once your trademark is published in the Trademark Journal, it will be available for four months for examination. If no third-party oppositions are submitted during that time period, the mark will proceed to registration, at which point the Registration Certificate will be granted. If any objection is filed, the opposition will proceed according to the statutory rules of law.

FAQs on trademark objection

To track your trademark registration Click here. If it is objected then it will display "objected".
The reasons of trademark objections could be the similarity with an existing trademark, usage of offensive terms or insufficient details.
Applicants are required to file the response against trademark objection within 30 days from the issuance of trademark objections. After the deadline it may lead to abandonment of trademark application.
After you receive the objection report, you are required to file a reply against objection within 30 days from the date of objection issued. Follow the steps mentioned above.
Trademark registrar is the authorised body to examine the trademark application and issue objections.
If your trademark is rejected with refusal order after hearing then you will have a chance to appeal to review the application within 30 days of refusal. It should be filed with valid clarifications and documents in support.
Being late to respond, your trademark will be abandoned and you will have to apply for new registration.
You should use trademark search to avoid any objections or contact our experts to suggest a trademark as per your desire.

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