File Trademark (TM) Objection Reply in India
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All About Filing Trademark Objection in India
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Whenever a trademark examiner founds that your mark is either identical to any registered trademark or it is not in consonance with rules or it has been barred by the law, then the term is known as Trademark Objection in India.
How to File a Trademark Objection Reply in India?
Filing a Trademark objection reply is mandatory otherwise you shall loose the brand protection. The process of filing the trademark objection reply in India is as follows:
#Study the Objection Ground Carefully: The primary step is to understand the grounds of the trademark objection properly because mistake in understanding the objection concept may lead to wrong filing of trademark objection reply. Hence, be cautious in understanding.
#Prepare the Trademark Reply: The second step is to finalize the prepared draft reply with the accused party. Drafting the trademark reply requires the special skill and hence should be given to the respective expert like lawyers, attorneys etc.
#File TM objection Reply: Once TM reply is finalized, you should file the reply online, as reply filed online are updated quickly.
What to do for “Objected” status of mark?
Once objection is raised by the trademark examiner, you must file the reply within 30 days to avoid the trademark being ruined or we should say abandoned. Hence, kindly track the trademark status from time to time to avoid the Trademark being abandoned.
Documents Required for Trademark Objection Reply
(We need all documents in scan form. No hard copies are needed)
Only Two Documents are Required
- – Power of Attorney
- – A basic Form to fill
Trademark (TM) Objection Reply Filing Procedure
It takes approx 3 working days to prepare the draft reply and 30 to 60 days to get updated on the TM database.
The First Step is to study the facts of the case properly.
Prepare and Finalize
After studying the facts, prepare and finalize draft case properly.
Day 30 to 60
After filing the TM reply the next step will depend upon the govt reply.
Types of Trademark (TM) Objection in India
As per the Trademark act, there is only two types of Trademark objection, one is under section 9 and another is under section 11, however, if application is not filed or prepared properly then the department may consider application as Formality Check Fail. Always remember, few points in this behalf:
- – Any mark identical to any existing mark shall not be registered.
- – Any mark describing the quality of the product like taste, best, neat etc is generally not eligible for Trademark unless contrary is proved.
Features of Trademark (TM) Objection Reply
It is mandatory in nature.
Generally need to be filed within 30 days.
If not filed, trademark shall abandon.
Always keep a track on Trademark examination report.
Trademark inspector may call you in person to clear any doubts.
- To be filed within 30 days
- If not file, lose brand protection
- Mandatory in nature