- Lawyer Mr. Shaman Jain
- Skills Intellectual Property Rights, Trademark Registration, Trademark Objection
- CATEGORY Intellectual Property, Trademark
ABOUT THIS PRACTICE
A trademark is any unique appearance linked to a product or service that differentiates it from others. This appearance could be a word, slogan, photograph, logo, graphic, color combination, sound or even smell. But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms.
There can be a lot of reasons for trademark objection. This may be for the reason that of the word or logo is too alike to a prevailing trademark/symbol/logo and if they register the same it could offend or likely to cause confusion with an existing trademark. It may be due to the sentiment attached to any belief. These are a small number of reasons which can guide to trademark objection.
The Trademark inspectors employed or appointed by Government at Trademark registry issues the examination report.
The most common objections raised in examination report are those likely based on the descriptive nature of the trademark or with respect to likeness or alike or similarity of the applied trademark with other marks previously existing on Trademark registry record.
The period limit to file Trademark objection reply is validly 1 month from the date of publish /issuance of the response from the authority.
The reply may be straight away filed by an applicant, but it is always desirable to go for professional’s who have better supporting it with relevant case laws.
In case there exist an objection in trademark report which requires an amendment to the trademark application to be filed. All we need to file that amendment by way of filing a form in TM-16 with prescribing fees.
- Probable Clearance - If you reply to the objection with clear proof as regards to the uniqueness of your trademark, the chance of clearance of your application is high. It also supports your application with a valid reason and so there's no reason for your application to be rejected or get cancelled on the objection made. The clarification so sought by the registrar should be done early as possible.
- Brand Protection - Till the time of the objection, the usage of the TM symbol is allowed and clients use it for a few months. The consumers would have become familiarized to the brand name. In spite to objection reply, filing a new application would make no sense. Instead, simply recognize the various reasons for your logo, slogan or brand name to be different from the one already registered and get it cleared.
- Process For Trademark Objection From Companies End - The average time taken to draft and file a trademark objection reply is about 5 to10 working days, subject to government processing time and client document submission. If the Registrar does not accept the preliminary response, an interview is scheduled for arguments as to why registration for the applied trade mark to be allowed which may create confusion among the public at large. Here, Client is to defend need itself with a valid and strong proof after which If the government is satisfied with the response, the objection will be lifted within 18 months.