It has been noticed that, when Trademark Registration is in the preliminary stage, the Registrar issues the objection on the Trademark due to some reasons. Well, the reasons and How To Reply Trademark Objection is discussed below in the article and the same will help you to achieve your Trademark efficiently.
Trademark- At a glance
Trademark is a symbol, logo, or design to differentiate the company from others. It is unique in nature that enables the consumers to judge the legit company and also it is a symbol of the brand. In India, Trademark Act 1999 is there that comprises various laws to regulate the process of Trademark and provision of penalties if any offense is done against Trademark Registration.
What is a Trademark Registration?
If you own a company and need to register trademark in India, then you will have to go through Section 18 of the Trademark Act 1999. This section covers all the elements that are necessary for trademark registration. The registration process is not an easy job and you have to be more careful while filling the form, so make sure to check the filled form twice and avoid any mistakes. With time, the process of registration has been made smoother and now the needy one can go for the Trademark Registration Online process. after filling the form, it will go for the Vienna Codification, and here the form will be scrutinized and thereafter, sent to the examiner. If the examiner found no issue in the form, then he/she will make a report and soon it will be published in the Gazette of India (Trademark Journal). Now here comes the objection part, which means once the journal is published, then it is open for the public, and if anyone has the objection to the trademark, then he/she can object to the same within 3 months of the publishing of the journal. On the off chance, if there is no objection, then an applicant will get the Trademark.
What is a Trademark Objection, and How To Reply Trademark Objection?
Now, you are aware that, when the third-party can object to Trademark. But, here one key person is also there who has a right to object, i.e., Registrar or Examiner. If he/she found that the applicant’s form is not up to the mark and consists of improper information such as incorrect applicant name, address, and others, then he/she can reject the trademark registration. Moreover, if the registrar found that the applied trademark does exist, then he/she can object to such a Trademark.
Next comes in the list is a third party and he/she can put an objection on Trademark registration if the public interest is at stake.
Once the objection is filed, then the applied Trademark Registration status will change to Opposed. The person who objected needs to provide a valid and concrete ground for the action and thereafter, the registrar will give a chance to the applicant to defend himself/herself.
Best Way To Reply To Trademark Objection
If an applicant gets an objection on the trademark registration, then the very first thing he/she should do is to file a counter-statement, that’s the first step of defense. But this action should be done within 2 months after receiving the trademark objection. If the stated time has elapsed, then the status of the applicant will change to abandoned.
If an applicant manages to file a counter-statement, then a Registrar will call the respective person for hearing the case. Here, two scenarios will arise, if the registrar finds that the objection has no valid ground and he gives the judgment in favor of an applicant, then the trademark will move to the next stage for registration. However, if the registrar goes with the objection, then the trademark registration will be rejected.
But still, an applicant has an opportunity and he/she can move to the Intellectual Property Appellate Board for challenging the case.
Here, the appeal should be filed within 3 months from the order passed by a Registrar. If the deadline is missed, then there is a provision of penalty, i.e., Rs. 2500.
Moreover, you require any kind of guidance related to Trademark Registration. Please feel free to contact us at 8881-069-069.
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