Trade mark objection is raised by Trade Mark examiner while examination of trade mark in which an official examination report will be issued by the registrar within a time frame of 3 months to 1 year of filing application of trademark registration, it needs to be replied in a month
There are common grounds of Trademark objections, which are as follows:
ABSOLUTE GROUND OF TRADEMARK OBJECTION
Those marks which are devoid of any distinctive character.
Trademarks which may serve in trade to designate the kind, quality, values or other characteristics of the goods and services in question; or
Mark which are likely to hurt the religious of any class of citizens;
RELATIVE GROUND OF TRADEMARK OBJECTION
As per section 11, trade mark shall not be registered if there are plausible reasons to cause confusion amongst the public.
When the Trademark objections are raised by the registrar, a response should be filed within one month from the date of receipt of Examination Report, if in case not done than application is deemed to be withdrawn and treated as not been accepted.
Professional Write Up- Professional response should be drafted as a reply to the objection raised by a Trademark Examiner. At comply partner we ensures that an experienced professional files the objection reply as it can significantly improve chances of successful trademark registration.
Timeline- a response should be filed within one month from the date of receipt of Examination Report , if in case not done than application is deemed to be withdrawn and treated as not been accepted.
Trademark Journal- Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner thinks that reply to the objection sufficiently addresses all concerns cited in the Trademark Examination report, than trademark is advertised in the Trademark Journal, third-parties have an opportunity to oppose the registration of the mark.
Trademark Objection-As per the Trademark Act, any person can file notice of opposition against a trademark application in a timeframe of four months from the date on which the trademark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the applicant is required to file a counter statement within two months
Necessity of Reply- By the time of the objection, you would have been using the ™ symbol for a few months and Your customers have been accustomed to the brand name so Filing a new application for new brand name would not make business sense.
Timelines- It would take 3-5 days to draft a professional reply for notice of trademark objection
Day 1- ComplyPartner Team would interact with client
Day 1- Required Documents to be provided by client
Day 2- ComplyPartner Team would prepare the draft reply
Day 10- Trademark Objection Filed Acknowledgment generated
Day 3- Application for Trademark renewal would be filed
Day 3 - Trademark Expert would check & review reply