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For Trademark Objection

Documents For Trademark Objection

Trademark Application NumberTrademark Objection Details

Benefits of replying to Trademark Objection

Relief from Rejection

Replying timely to the trademark objection allows you safety from being rejected or abandoned from further processing of the trademark registration. This saves you time as well as money.

Better scope for registration

Replying to the trademark objection will increase your chances of being registered as opposed to going in with a whole new idea and new application.

Legal Coverage

Prompt reply to the objection proves that you are in no way infringing the legal rights regarding trademark registration.

Use of TM

Failing to reply to the authorities on a timely basis will strip you of your legal right for use of TM as business symbol.

Superior Hand

Having proper answers for the objection will lend you a superior hand for registration of your trademark with better chances of approval.

Immunity

If you have proper proof that your brand trademark is unique, you get immunity from any claims of infringements.


About Trademark Objection


Pertaining valid reasons, the trademark office might have an objection regarding your trademark application that does not adhere to the legal norms. It can be anything from similarity between your logo with an existing one or religious sentiments attached to the same. Trademark objection is an act under which any person or brand can file a notice stating opposition against the trademark application to be completed within a term of 4 months starting the date on which the said mark was advertised in Trademark journal. After you receive a notice of acceptance of the opposition, as an applicant, you get a time frame of 2 months to counter the objection statement.

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  • Drafting & Filing of reply raised by the trademark examiner containing more than 4 contradictory existing similar trademark.
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Frequently Asked Questions
How objection on trademark is communicated to me?

The objection on trademark is communicated to you via examination report which is prepared by the examiner of the trademark applications. you can download the report from the IPR website .

Where to get the examination report of trademark objection?

You can get the examination report of the trademark objection on the website of IPI India .

How much time does it take for trademark objection reply?

E-startupindia drafts and file a reply within the 3 working days of objection received subject to the availability of the documents .

What if I missed my Trademark examination reply deadline?

As far as the status is showing objected you can be able to file the reply for your trademark objection mentioned in the examination report.

Even after filing the trademark objection reply, the status is still showing objected? What to do in this situation?

After filing the trademark objection reply, it can take up to 7-8 months for the examiner to check the reply filed. The status will be changed only after the examiner’s analysis & checkup.  

Whether hiring a trademark attorney is mandatory to file trademark objection reply?

No, it is not, But Procedure to submit objection reply requires legal knowledge and good drafting skills also it is necessary to present your response to each objection raised by the examiner promptly. So it is advisable to hire a professional attorney. E-startupindia have experience and better legal understanding & we can get the job done in 3-4 working days while you sit back at your place and relax .

Is there any Government fee to file the examination reply?

No there isn’t any government fee to file the examination reply.

What is basic the difference between trademark objection and trademark opposition?

The main difference between trademark objection & trademark opposition is that the objection arises at the preliminary stage that is at the time of filing of a trademark application while the trademark opposition is filed at later stage when the trademark is advertised in trademark journal.

Do you provide this service in my town?

Yes E-StartupIndia is an online platform serving all over India no matters wherever you are doing business all you need is internet connection on your mobile or desktop and we are ready to get your job done.

Do I need to physically present for the process?

No, You don’t need to be physically present for the process, E-StartupIndia is an online catering platform all you need is an internet connection  in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India.

How will I be able to know when the Registration of Trademark is under Objection by the TM Authority?

Upon filing the Trademark Application, the next step is of trademark examination by the Ministry of Trade & Commerce and the examination report is issued by the time to time by the Ministry. After issuing the examination report, if any resemblance clashed with existing trademark then application status is shown as- ‘Objected’ with the alert ‘Awaiting Reply to Examination Report’. You can download the report from the IPR website.

What should I do when the Examination Report is issued for my Trademark Application?

The applicant must file legal reply drafted by professional within 30 days in order to rebuttal the objections raised and clarifications required by the Trademark Registry. If you didn’t file a reply within time, your trademark use rights shall be revoked.

Can I use the TM sign for my Trademark or Logo even if the Trademark Objection Examination Report is issued?

Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.

What is the Trademark examination reply deadline?

The reply to the Trademark exam report should be submitted within 30 days from the date of examination report raised. If you didn’t file the reply within time, your trademark use rights shall be revoked.

What we have to do after the Application is published in the journal?

The application is published in the trademark journal for next 3 months, where it can be objected by a third party. If no opposition has been made by the third party, trademark Registration Certificate will be issued by the Trademark Registry.

How may I know that the reply has been received by the Registry?

After the filing reply to the Trademark Objection with the Registry, it will automatically be displayed on the application status in IPR website. Besides, the alert ‘Pending for Reply’ will be removed from the status.

What will happen if I fail to submit reply to the Trademark Objection online?

You can submit the reply to the trademark objection report until the alert ‘Awaiting Reply to Examination Report’ is displayed. If you fail to submit reply much after the deadline, your trademark objection status will be marked as ‘Abandoned’.

After the reply filed for the trademark exam report is reviewed by the examiner, the application can be passed for the further stage, where it can be-

> Marked For Examination: On being satisfied, the examiner will pass the application and publish in the trademark journal for the next 3 months.      

> Ready for Show Cause Notice: If further clarification is still needed, a show cause notice will be issued.

What are the importance of show cause notice after filing of reply to Trademark Objection?

A show cause notice will be issued in case trademark Objection needs further clarification. However, the chances of getting a show cause notice are very rare. It is issued only if the examiner is not satisfied with the reply filed.


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