A trademark objection is a procedural step in the trademark registration process where the registrar raises concerns about your trademark application. This typically occurs when there are issues such as resemblance to existing trademarks, being too generic, or violating applicable laws and regulations.
The trademark objection process is governed by the Trademarks Act, 1999 and the Trademarks Rules, 2017. The key sections that deal with trademark objections include:
Our streamlined process ensures effective handling of trademark objections:
Carefully analyze the examination report issued by the trademark registrar. Understand the specific grounds for objection and gather relevant information to address each concern raised.
Prepare a comprehensive reply addressing each objection raised. Include legal arguments, precedents, and evidence to support your trademark's distinctiveness and registrability.
Compile and submit supporting evidence including usage proof, market presence documentation, consumer recognition studies, and any other relevant materials that strengthen your case.
If required, attend the hearing before the trademark registrar to present your case orally. This provides an opportunity to clarify doubts and strengthen your arguments.
After the hearing, the registrar will issue a decision. If successful, your trademark will be published in the Trademark Journal for opposition purposes before final registration.
A company "NaturePure" faces an objection due to similarity with an existing trademark "NaturPure" in the same class.
"NaturePure" argues that their trademark has distinct differences in design, font, and overall presentation. They provide evidence of their market presence, consumer recognition, and demonstrate that confusion is unlikely due to the different visual elements and brand positioning.
Failure to respond to a trademark objection within the prescribed time limit will result in the abandonment of your trademark application. This means you will lose the opportunity to register your trademark and will need to start the entire process again, potentially losing your priority date and facing increased competition.
Find answers to common questions about trademark objections, the objection process, timelines, and how to effectively respond to objections.
It's a formal response to the registrar's objection, explaining why the mark should be allowed for registration. The reply addresses each ground of objection with legal arguments and supporting evidence.
Yes, you can reapply for trademark registration after abandonment. However, you'll need to start the entire process again and may face increased competition or changes in the trademark landscape.
The resolution timeline typically ranges from 6-18 months, depending on the complexity of the objection, the quality of the response, and whether a hearing is required.
If your response is unsuccessful, you can appeal to the Intellectual Property Appellate Board (IPAB) or consider modifying your trademark and reapplying with a stronger application.
No, trademark objection is raised by the registrar during examination, while opposition is filed by third parties after publication in the Trademark Journal. Both require different strategies and responses.
Trademark objections require careful analysis and strategic response to protect your brand identity. Asktrix provides expert assistance with filing a trademark objection reply or handling hearings to help you navigate the process effectively and protect your intellectual property rights.