Trademark Objection

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About Trademark Objection

 

Trademark Objection refers to a refusal by the trademarks registrar to register your trademark on grounds which may include any one of the following:
A. The trademark appears to be similar to an existing mark in the market.
B. The trademark contains phrases or symbols deemed to be offensive.
C. Trademarks which make use of geographical names or international proprietary names.

The term “objected’ implies that a particular trademark application has been examined, there are some flaws associated with the trademark in the examination.

An objection can be filed only before the Registrar and cannot be taken direct either to the Court or the Appellate Board (IPAB). The further procedure will be indicated by the registrar.

Process

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Frequently Asked Questions (Faq’s)

How to avoid Trademark Objection

To avoid Trademark Objection, you need to select a proper trademark and for that keep in concern the following points:

  • In-depth research of the existing trademarks and thorough study of the database of trademarks.
  • Thinking of out-of-the-box, innovative, creative fancy and arbitrary mark which strikes consumers and potential customers.
  • Avoiding deceptive, disparaging and offensive language.
  • You can also take the advice of the trademark attorney and consult the Trademark Manual of Examination Procedure (TMEP) for further help.
  • Also, the trademark should give the feel of the quality product and a visible outpost of the company.

How to proceed if your Trademark file has been objected

If the examiner objects a trademark file then, the examination report citing the objections can be viewed in the Trade Mark Registry website. A written response statement needs to be filed by the applicant within 30 days of receiving the examination report from the department or if not received when it comes to your knowledge that reports got issued online. Failing to overcome all the objections raised by the examiner within the stipulated time of 30 days will lead to the abandonment of the trademark. The abandonment puts you into the position in which you were before filing the application – meaning, you’ve lost your money spent on the filing.

What are different Trademark classes
Class 1 Chemicals Class 16 Stationery & Paper Goods Class 31 Fresh Fruits & Vegetables
Class 2 Paints, Coatings Class 17 Rubber Products Class 32 Beer & Beverages
Class 3 Cleaning Products Class 18 Leather Goods Class 33 Alcoholic Beverages
Class 4 Fuels, Industrial Oils Class 19 Building Material Class 34 Tobacco Products
Class 5 Veterinary Products Class 20 Furniture Class 35 Advertising & Business Services
Class 6 Metals, metal castings Class 21 Crockery Class 36 Insurance & Financial Services
Class 7 Machines and Machine Tools Class 22 Ropes Class 37 Construction & Repair Services
Class 8 Hand Tools and implements Class 23 Yarns & Threads Class 38 Telecommunications Services
Class 9 Computers & Scientific Devices Class 24 Fabrics Class 39 Shipping & Travel Services
Class 10 Surgical Instruments Class 25 Clothing,Footwear & Headgear Class 40 Treatment of Materials Services
Class 11 Appliances Class 26 Lace & Embroidery Class 41 Education & Entertainment Services
Class 12 Vehicles Class 27 Carpets Class 42 Science &Technology Services
Class 13 Firearms Class 28 Games & Toys Class 43 Food Services
Class 14 Jewellery Class 29 Meat Extracts Class 44 Medical & Veterinary Services
Class 15 Musical Instruments Class 30 Coffee & Rice Products Class 45 Legal & Security Services

What are the benefits to get Trademark Registration

It keeps your business and brand unique from those of your competitors. You’ll have the exclusive right to use your trademark as a brand name for your products or services.

Will the trademark be valid outside India

No the  trademark is registered in India and will be valid only in India.

What will happen if you do not respond to a Trademark Objection

If there is an objection on your trademark then you need to put in effort and respond to the objection in order to retain the trademark rights, otherwise there can be the following consequences;

  • You application can be rejected due to the lack of interest of the trademark owner in responding to the trademark. A response to the trademark objection will more likely give you a chance to get through your registration if a proper justification is delivered to the trademark examiner. Otherwise, your trademark application will be rejected.
  • You can lose your brand’s identity in the market that you have been working under a recognized TM. In order to save the brand you need to respond to the objection and get the clearance.
  • If you do not respond to a trademark objection then it is more likely that the trademark will be removed from the registry and thereby you will lose the trademark rights. So, to be in business and enjoy the trademark rights & keep oppositions away you need to respond to the Trademark Objection.

What are the reasons for Trademark Objection

A. Lack of distinctiveness (Section 9): When the Registrar/Examiner considers the trademark to be generic and descriptive of the goods/laudatory/indicating the quality or nature of the good, and then the trademark doesn’t stand out in the market and is objected.
B. Similarity with pending or registered marks (Section 11): When there is an identical/similar trademark in respect of identical/similar goods/services already on record in the Trade Mark Registry.

What is the process of Trademark being registered by the Ministry

Trademark registration ordinarily composes of the following main components before the Trademark is granted:

  1. Application of Trademark in the right class and with the correct details
  2. Send to Vienna Codification – As soon as a new trade mark application is filed, a Vienna Code is assigned if the trade mark comprises figurative elements/logo. Vienna codification is done by the Registry so that trademark searches can be conducted for artworks/logos.
  3. Formalities Check – This is the first step of verifying the Trademark Application whereby The Trade Mark Registry usually checks if the basic requirements are met such as: whether the POA has been uploaded (when filed through an attorney) and whether appropriate translation/transliteration has been filed when the trademark is not in English/Hindi.
  4. Issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for would need any clarification under any of the Legal Sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.
  5. Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply, as the case may be, if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal
  6. “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage the trademarked name or logo or both are advertised in the Trademark journal and kept open for Objection for 4 months for any third party to oppose this Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.
  7. Registered – if no other objections, clarifications or oppositions are required to be addressed, the trademark application would be accepted and marked as ‘Registered’. This when the Trademark applicant can start using the ® symbol.

Do I have to hire an attorney to register my trademark

It’s not a mandatory requirement. You can initiate a TM Application on your own through the online portal or initiate the process with eMunshe.com

What are the different types of trademark

1. Word Mark
2. Logo
3. Device Mark
4. Small Mark
5. Taste mark

Our Services Include

Filing of Application form
Payment of required fee
Obtaining Application Receipt from Ministry
Sending all documents to you

Questions? Call us on 09811985576

Basic
Rs.1999

Reply to objection