TRADEMARK OBJECTION

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ABOUT TRADEMARK OBJECTION

A trademark is an expression in word, slogan, photograph, logo, graphic, sound but unique. It is related to a product or service. A trademark distinguishes it from others. There can be so many valid reasons because of those trademark application could be rejected. Trademark offices can have so many objections in accepting the application. The reasons may be of similarity between logo or word which is already existed. And some of religious sentiments attached with that. If another party have objections like this, then you must respond to that back in 30 days. Trademark offices will send you a proper legal objection letter. And if no any step will be taken, then your application got rejected by the Registrar.

REASON

There are some of the reasons by which a trademark application can face objection.

FILING OF INCORRECT TRADEMARK FORM


If the trader would not fill the correct form, an examiner can raise the objection. You can take an example - A TM-4 form is for registration of collective marks for the products in anyone class. And another bone like TM-42 for different classes of goods and services.

INCORRECT TRADEMARK APPLICANT NAME


While filling the application, the true name of applicant has to be filled. You must double check the right spellings.

USAGE OF DECEPTIVE AND OFFENSIVE TERMS:


Any trademark name which tries to mislead or cheat the customers with faulty descriptions of products or services will be rejected. You can take an example - an entity branded "icy waffles" that sells ice-cream with some waffle crunchy seems deceptive. As well as, if applications contain offensive terms will be rejected.

INSUFFICIENT INFORMATION ON GOODS/SERVICES:


When application has not brief details about the products and services for the business. It is very possible that the Trademark officer may reject the application due to the foggiest information.

EXISTENCE OF AN IDENTICAL MARK:


Trademark always has its unique Identity. It must not be similar to already exists another industry's marks. Under the Trademark Act the trademark examiner can markup objections because it will take as an act of cheating among the people.

DOCUMENTS REQUIRED

  • Power of Attorney
  • Examination report

STEPS/PROCESS

Step 1: Analyzing Trademark Objection


  • The First Step is to study the facts of the case properly.

Step 2: Drafting Of Trademark Objection Response


  • After studying the facts, prepare and finalize draft case properly.

Step 3: File Trademark Reply


  • Fill the TM reply and then left upon the Government.