A trademark objection creates an identity that stands absolutely unique for the brand and distinguishes it from other products or services in the market. Hence protecting it is very integral, especially if someone wants to maintain its distinct identity from one another.
But have you realized, what if someone gets up and tries to stop you from exercising your own rights?
For that motto, we need to grasp the concept of trademark objection and give clarity to our minds. Read More: Trademark Assignment
What do you infer from Trademark Objection?
Trademark Objection is one of the very initial stages in the trademark registration process where the trademark examiner raises an objection to your application due to a certain set of reasons.
It is not a straight away denial of your claim, but the Registrar surely looks out for valid reasons or explanations about the mark and its registrability.
He gives the applicant a chance to elucidate how the said trademark fits the criterias and meet the expectations to avail valid registration.
All this is termed as Trademark objection reply.
What reasons could be for trademark objection?
There are specifically two reasons for trademark objection:
- Contains incomplete or wrong set of information
- Similar trademarks already existing beforehand
A trademark application needs to be perfect and that too, without any errors or false set of information. If there is any wrong piece of information, such as, incorrect applicant name, principal place of business, etc. it is very likely to attract objections in such a case.
- Incorrect details in Trademark form
If information relating to the name of the applicant, principal place or any other information in the trademark application is false then it is most likely to raise an objection.
- Wrong filing of a Trademark form
The examiner can raise an objection if the trademark application is filed in the wrong form. In case, your trademark application is filed by a trademark attorney or agent then form TM-48 must be filed and attached to the same.
What are the grounds on which the examiner can raise an objection?
A trademark application can be objected to under more than one grounds for refusal. Following are some grounds on which an examiner can raise an objection on the trademark registrations.
- Absolute grounds of refusal
Refers to the incapability of marks to be distinctive or graphically represented
- Relative grounds of refusal
Are always in connection with earlier trademarks and their related rights. Read More: RNI Registration
How to reply to a trademark objection or to the examination report?
After you receive the report, you will have to provide a detailed explanation of the reasons stating how your mark meets all the requirements of being a valid registrable mark. Also, this should be done within the time span of 30 days or the mark can be abandoned in such a case.
The cost of filing objection reply fees would be around 1500 bucks only.
If you are looking for how to file an objection for a trademark, visiting Registrationwala is the best choice one can have.
More than that, they will get you cover with multiple things, such as,
- every trademark process
- trademark fees structure
- trademark status, and a lot more.
Trademark registration creates a distinguishing identity for the brand and differentiates it from other available services or products that are available in the market. Protecting a trademark is really necessary if one wants to maintain its distinct identity.
But there are certain cases when someone would stop you from claiming your own rights. Hence, we all need to understand the concept of objection.
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