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Trademark Objection

Trademark Objection

Trademark Objection is all about issue regarding the trademark ,that is if any one apply for trademark registration and in that trademark words or logo is matched with other trademark that is registered. Trademark registration is a intellectual protection of trademark ,under which a text or visual symbol is used for the business to distinguish  its services or products.for registering  a trademark you have the follow a procedure ,and its take time of 20-30days. The trademark registered under Trademark Act 2000 will be valid only in India. However in some countries trademark registered in India can be used as a base for registering trademark in that country.

Trademark Objection Comes due to various reasons.their are some reasons to avoid this:
Avoid duplicity ,because its generate copyright issue.
Make that trademark which Couldn’t be hurt religious sentiments
Trademark must be unique with slogans, words and color combination with the existing trademarks.

If in any case u received trademark objection, you have to respond back with n a month. you will have to receive a proper legal documents from the concerned department. But if u don’t get any paper then  your application is processed further. There are two key types of objection which may be made against your trademark; 
Those raised by the Registry
Those raised by third parties.

Registry objections are generally based on genuine or absolute grounds. there are few firms who are help to design your trademark and avoid  objection.TM mark can be used with trademark after allotment of TMR number from the government.

Trademark Objection
Once you applied  fortrademark application , a Trademark Examiner examines the  application and makes a search of previous  trademarks – which are similar to the mark being examined. 

Use of Incorrect Trademark Form
The trademark application will be objectionable if the person is not fill the particular  form.

Incorrect Trademark Applicant Name
Trademark objection comes when applicant name is not matched  as mention in article.

Address is Incorrect on Trademark Application
In case a trademark application has not mentioned the principal place of business of the applicant or if the applicant’s address  is changed and the  services is not provided in the mentioned address., then an objection can be raised as under:

Repetition Specification of Goods or Services
In a trademark application, if the specification of goods or services is too encompasses a large variety of goods and services in a class, then an objection can be raised by the Trademark Examiner as follows:

Trademark Lacks Distinctive Character
Trademarks which are not capable of distinguishing the goods/services of one person from those of another person are devoid of distinctive character and thus liable for objection under absolute grounds for refusal of trademarks. To overcome a trademark objection under absolute grounds for refusal, the trademark applicant can submit proof to show that the mark has acquired a distinctive character by virtue of its prior use.

Trademark Objection Process

Apply for Trademark Objection
You have to fill the form regarding the TM objection.

Objection Submission
We will draft the required objection and file it with Registrar.it will take 4 working days to complete procedure. And you get TMR number

Your work is completed.
Once , the objection is filed , acknowledgement slip of same shall be sent.Once , the application is filed , acknowledgement slip of same shall be sent to the given address.

FAQ

Q. Can I respond back the Trademark objection myself?
Yes you can but if you contact with any firm they will help you .

Q. how long trademark registration is valid??
It is valid for 10 years at a time and is renewable indefinitely.

Q. how to avoid  trademark objection??
You can avoid trademark objection by searching previously regarding the existing trademark

Q. time in which trademark status changed?
After filling the TM-12 form. I have replying the TM objection raised by the trademark examiner it will take 30 to 60 days to change the status of the trademark application.

Q. What Happen if you did not reply on trademark objection?
If the trademark objection is not filed within the specified time that is with in 30 days of receiving  an objection, then there is no other option to  the TM examiner to mark that Trademark application as Abandoned.

Q. What are the reasons of trademark Objection?
There are many reasons the TM Examiner raised the objections and some of them are:
Applicant have not used the correct Trademark form for Application
Applicant have used not used the correct Trademark Applicant Name
Applicant have not filled the correct details of the firm or firm type
Applicant havenot  mentionedcorrect address on the trademark application, or the service is not provided in the mentioned address.
If the same trademark already exists

Q. What is Trademark Examination report?
Once you applied for the trademark the officer will searching the trademark with the existing registered trademark. and then prepare a report after examinee the proposal.

Q. How much time will it take to file trademark objection reply?
Hubco.in will take 2-3 days to deeply study the Trademark case properly and draft the TM objection reply and file the same.