Objections can be made by the public, the examiner, or any other third party once the trademark has been filed for registration. It occurs during the initial stage of the trademark registration process when the examiner objects to the trademark application for various reasons. It is not enough for the registrar to reject the logo, but he or she may want further clarification about it or its legality.
There are two ways a public or third party can object to trademark registration based on public interest:There are two ways a public or third party can object to trademark registration based on public interest:
- When the trademark is published on Trademark Journal
- In case the applicant uses the mark before its registration
- After receiving the objection, the applicant must file a comprehensive objection reply within one month or within the prescribed time frame.
Agenda for A Trademark Objection
The Trademark Examiner investigates the trademark application to ensure the application complies with the trademark laws.In order to ensure that a trademark application presents no violations of trademark rules, the Trademark Examiner investigates it. A trademark application can be challenged based on the following reasons:
Documenting Of Incorrect Trademark Form
The examiner would raise an objected status in Trademark if the application is not filed using the correct form. For example, it is Form TM-4 for registration of aggregate marks for merchandise and enterprises in any one class. Form TM-51 for registration of a trademark under various classes of merchandise and enterprises.
Incorrect Trademark Applicant Name
Trademarks have to be documented on the genuine name of the applicant and double-checked for the correct spelling.
Utilization Of Deceptive And Offensive Terms
Trademark names that incorporate deceptive terms or that which try to deceive or mislead customers with false descriptions of items or administrations will be dismissed. For example, an entity branded ‘Vanilla chocolates” that sells chocolate flavors might be extremely deceptive. Simultaneously, applications registering for trademarks containing offensive terms will be rejected.
Deficient Information On Goods/Services
It is highly likely that the Trademark Examiner may dismiss the application because of the unclear information when the trademark application neglects to mention in detail the items and administrations of the business.
Presence Of An Identical Mark:
The expected trademark should not be similar to any mark that as of now exists in the business. The Trademark Examiner can bring up criticisms under the Trademarks Act expressing that it may create confusion among the majority.
Steps To File a Trademark Objection Response in a Detailed Process
The Indian Trademark Registry will designate the trademark as ‘Objected’ when an objection is filed. Here are the steps to respond to a trademark objection:
Step 1: Analyzing Trademark Objection
Analyzing Trademark Objection cautiously is the initial step to preventing mistaken responses to trademark objections.
Step 2: Drafting Of Trademark Objection Response
Afterwards, draft a trademark objection response that includes the following:
An appropriate response to the tm objection reply raised with supporting principle of law and points of reference and decisions supporting the case.
Other supporting records and proof that approves the response.
An affirmation expressing the use of the trademark in the candidate’s website and online media channels; publicity material; accessibility of trademarked products on web-based business destinations, promotion in the media and so on along with the narrative evidence for the equivalent.
The contrasts between the clashing mark and the mark of the candidate
The response draft is then documented online on the Trademark e-filing gateway.
Step 3: Trademark Hearing
If the response is acknowledged, the application will be handled further for registration and notice in the Trademark Journal. If it is not accepted, or there are extra explanations looked for by the Trademark Examiner, there would be a trademark hearing planned and the same will be informed with a notification.
Step 4: Publication In The Trademark Journal
In the event that the result at the conference is positive, the mark will be acknowledged and will be requested to be published in the Trademark Journal.
In case of a negative result, the Refusal Order will be passed, clarifying the purpose behind the refusal. The candidate actually would have the choice to request to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the request must be inspected.
Step 5: Registration
When the trademark is distributed in the Trademark Journal, it will be available for examination for a time of four months. If there are no third-party oppositions documented within that period the mark will then continue towards registration, and the Registration Certification is given. If any trademark registration status objection is recorded the opposition procedures will happen according to the recommended rules of the law.
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