A trademark objection in India is a formal communication from the trademark office indicating concerns or issues with a trademark application that need to be addressed before the registration can proceed.
Trademark objections can arise due to various reasons, including similarities with existing trademarks, lack of distinctiveness, incorrect classification, or incomplete documentation.
The trademark office issues an Examination Report that outlines the objections and provides details on how to respond.
Applicants typically have 30 days from the date of receipt of the Examination Report to respond to the objections. Extensions may be available in certain cases.
To respond to a trademark objection, you may need to provide evidence, affidavits, clarifications, and any necessary amendments to the application.
The name trade description describes the service or product that a company or individual is providing. Trade description aims to prevent manufacturers, retailers, or service providers from misleading customers as to what they are spending their money on.
While it's possible to address objections without legal assistance, consulting a qualified trademark attorney is advisable to navigate the complexities effectively.
Failure to respond adequately to a trademark objection may lead to the abandonment or rejection of the trademark application.
Yes, if the trademark office maintains its objection despite your response, you can appeal the decision to the Intellectual Property Appellate Board (IPAB).
Immediately after filing, you can use the TM symbol on the brand. Usually, We file it instantly, and within one hour you will get the ™ application number. Usually, it takes 1 business day to file.
The usual outcome is the removal of objections, followed by the publication of the trademark in the Trademark Journal for potential opposition by third parties. If no oppositions are filed, the trademark proceeds toward registration.