TRADEMARK
RESPOND TO TRADEMARK OBJECTION
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TRADEMARK
TRADEMARK OBJECTION
Intellectual property, such as trademarks, is significant for a company. Numerous trademark applications are made each year. All trademarks may not be used. Some trademarks are not registered because they are refused. Examiners explore databases to uncover prior trademarks that are identical to or confusingly similar to the mark under examination. Once a Trademark registration application is submitted and examined by a Trademark Officer, an examination report will be sent to the applicant via Courier or E-mail. It will also be posted on the official trademark website with details of the trademark application. This report summarizes the findings of the trademark examiner’s inquiry and the justification for the trademark objection process.
TRADEMARK OBJECTION
POSSIBILITIES FOR TRADEMARK OBJECTION
Starting a Private Limited Company in India can provide several advantages, some of which include:
Exists a similar trademark
There is a good likelihood that the present trademark owner will encounter opposition if the applied trademark and any existing registered trademarks are identical. According to the Trade Marks Act of 1999, the trademark application cannot be registered because there are already registered trademarks for similar or identical goods or services. Similar brands among trademarks could cause misunderstanding among consumers. The applicant may fix the situation by asserting that the trademarks identified as rival marks are distinct from their own.
Using the Wrong Trademark Form
A trademark objection process will be started if the registrar determines that the trademark application is not in the proper format. The applicant may submit a trademark alteration request on form TM-16 to override this objection.
The applicant's name is misspelled.
The scenario states that the relevant authorities will start the trademark objection procedure. According to the laws and regulations, the applicant’s name must be entered on Form TM-16 when submitting a trademark application. Requests for corrections should be made through Form TM-16 in the event of any errors.
Leaving the TM-48 trademark form blank
A trademark examiner will start the trademark objection procedure if Form TM-48 is incomplete, lacks an attachment, or is filled out incorrectly. A properly stamped power of attorney in the applicant’s favour must be filed if the application was submitted by someone other than the applicant.
The address on the trademark application is incorrect.
On Form TM-16, the business address must be provided. The relevant authorities will start the trademark objection process if the business address is incorrect. Since the applicant does not have a significant place of business in India, that location must be listed on Form TM-16. The applicant must use form TM-16 to file a request for rectification of a trademark application.
Uncertainty in the Goods or Services Specifications
The Trademark Class you have mentioned with description of goods and services is quite general and ambiguous. The specific commodities for which trademark registration is desired, must be mentioned on Form TM-16. Form TM-16 suggests a change to the trademark application if a concern is raised about the description of the products or services.
FILE A TRADEMARK OPPOSITION
REQUIRED DOCUMENTS TO FILE A TRADEMARK OPPOSITION REPLY
For the trademark objections process, the following documentation is required:
Report on a valid document
Trademark Examination Report
Identification paperwork
Address verification procedures for trademark opposition
SUBMIT A TRADEMARK OPPOSITION RESPONSE
HOW TO SUBMIT A TRADEMARK OPPOSITION RESPONSE
- A trademark objection response must be sent to the authorities within the period specified addressing all the concerns mentioned in the Examination Report. As soon as you get a Examination Report, carefully examine it to determine the reasons for the objection
- The first and most important stage in the trademark objection process is to submit a rebuttal statement within two months of receiving the notice.
- Once the trademark objection reply is received, the registrar will request a hearing. To support your claim, you might offer evidence and supporting documentation.
- If the registrar determines in favour of the opposing party, notwithstanding your submission of the necessary documentation, you may appeal to the Intellectual Property Appellate Board (IPAB).
- The reply must be submitted within three months of the day the order was issued. If there are any delays, the applicant must explain and pay a fine of INR 2500.
- The IPAB will set a date for the hearing if the explanation is satisfactory. IPAB's rules and regulations must be followed during the filing procedure.
- The deputy registrar must verify all supporting papers and sign off on all applications.
- A notification will be given if the deputy registrar discovers any errors with the application. Within two months, the corresponding adjustments must be finished and submitted. Any delays will result in the application being rejected. The IPAB will make a decision based on the evidence presented.
The top attorneys at Taxkey can swiftly complete the entire process. With a few clicks, we can handle the trademark objection procedure. Without any problems, our in-house trademark experts can meet all the formalities. Contact us on our websites to begin the process.
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