TRADEMARK OBJECTION; OBJECTION
WANT TO GET RID OF OBJECTION RAISED
BY TRADEMARK DEPARTMENT??
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MEANING
Trademark objection means query raised by department upon the trademark application which is under process. Once trademark application is filed to registrar of trademark, an examiner will assess and scrutinize the application and, on that basis, he will issue examination report which may be positive or negative. The positive examination reports denote that your application has been accepted and will be published soon in the journal for final approval. On the contrary, negative examination report indicates that your application has been marked as objected due to various reasons which shall also be stated in the examination report and that negative examination report is known as trademark objection for which strong reply has to be submitted to remove the objection.
Also, a reply in respect of examination report has to be submitted within 30 days from the date mentioned in that report itself stating the facts and evidences favoring the registration of trademark applied for and if examiner/registrar is satisfied with your reply then he would allow the publication of your application in the trademark journal. However, failure to submit the reply timely may cause the cancellation of your application by registrar.
ePRO EXPRESS, a leading online platform including team of trademark experts and registered Trademark Agentswhich provides all professional services related to taxation, secretarial and legal matters under one roof can help you to file a legal reply in regard to trademark objection timely and cost effectively.
PACKAGE INCLUSION
- COLLECTION OF NECESSARY FACTS
- DRAFTING OF REPLY
- EXPERT’S CONSULTATION
- FILING OF REPLY TO DEPARTMENT
CAUSES FOR RAISING OBJECTION BY TRADEMARK DEPARTMENT
- When similar trademark has already been applied or registered
- When a trademark applied for is somehow similar to existing trademark which is already registered or under process
- When the mark consistsexclusively of words or indications which may serve in trade to designate the intended purpose of the goods or rendering of the service or other characteristics of the goods or service
- When the word or mark applied for hurts the sentiments of any religion
- When the description of items including goods or services for which trademark is applied for is not done properly
- When wrong description has been made in the application
- When the mark or word applied for is too general
- When incomplete description of item is made
- When supporting documents are not attached properly
- When wrong or incomplete details are filled in the application
POINTS TO BE KEPT IN MIND WHILE SUBMISSION OF REPLY
- COLLECT NECESSARY EVIDENCE AND DOCUMENTS IN SUPPORT OF REPLY
- SUBMIT THE REPLY WITHIN PROPER TIME TO AVOID ANY HURDLE
- STATE ALL THE FACTS WHICH IS NECESSARY TO SUPPORT YOUR APPLICATION
- DRAFT POINT WISE REPLY IN RESPECT OF OBJECTION RAISED
- MENTION THE MEANING OF YOUR WORD OR MARK APPLIED FOR (IF IT HAS A SPECIFIC MEANING)
REQUIRED DOCUMENTS AND INFORMATION
- RECEIPT OF TRADEMARK APPLICATION FILING
- BRIEF DESCRIPTION OF MARK OR LOGO APPLIED FOR
- EMAIL ID AND MOBILE NUMBER OF AUTHORIZED PERSON
- NECESSARY EVIDENCE OR DOCUMENTS IN SUPPORT OF REPLY
- ANY OTHER DOCUMENT OR INFORMATION (IF REQUIRED)
PROCEDURE TO FILE TRADEMARK OBJECTION
- FILL OUR SIMPLE ONLINE FORM
- OUR EXPERT WILL CONTACT AND GUIDE YOU ABOUT ENTIRE PROCESS
- DRAFTING OF REPLY BY OUR TEAM
- SIGNING OF NECESSARY DOCUMENTS FROM CLIENT
- SUBMISSION OF REPLY BY OUR EXPERTS TO REGISTRAR OF TRADEMARK
- CONGRATS!!! YOUR WORK IS DONE
FREQUENTLY ASKED QUESTIONS (FAQS)
What is trademark Objection??
Can a general public raise objection over a trademark application filed by any applicant??
Can trademark application be objected on the basis of wrong class??
After filing the reply in respect of objection, will my trademark application be accepted??
Once the objection is removed and trademark is published in the journal, can i start using ®along with my product or service??
Will my reply be draft and submitted within 2 working days??
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