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Respond to TM Objection
A trademark is a logo, symbol, tagline, or a combination of both that represents a brand’s identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration.
Timeline - 10 to 15 Working days
Trademark Objection
What is meant by Trademark Objection?
When a third party objects to the registration of a trademark, it is called Trademark Objection.
A trademark is a logo, symbol, tagline, or a combination of both that represents a brand’s identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark; offensive to a particular religion; absence of a distinct design etc.
Trademark Objection
Key factors
01.
When the stated response cites the uniqueness of the mark, the possibility of it getting registered is high, thereby protecting the brand against infringement.
02.
Some companies start using the ™ mark while still waiting for the Trademark registration report. In case of objection it is better to file a trademark appeal against the registrar rather than file a new application.
03.
The existing trademark will be saved from being abandoned or rejected, and be considered for further processing.
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Thewealthbridge.in is web portal of the Virutchamwealth Bridge Private Limited is one stop business setup and consulting company, managed by specialized team of Business Analysts,Company Secretaries, Chartered Accountants, Corporate Lawyers and Financial Professionals company headquartered in Vellore,Tamilnadu, India. Having known for our quality of services, delivering the projects on time, we have clients spread across the globe
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What are the documents required for Trademark Objection ?
Authorization letter
Affidavit of usage
Examination report
Trademark hearing notice
Documentary proof of Trademark in commercial use.
Process
Step 1: Analyzing Trademark Objection
Step 2: Drafting Of Trademark Objection Response
Step 3: Trademark Hearing & Publication In The Trademark Journal
Step 4: Registration
Respond to TM Objection
FAQ
Trademarks are rejected due to one or more of the following reasons:
Usage of scandalous or offensive words
Absence of unique signs and terms
Official and Patriotic resemblances-like flag or emblem
Existence of identical marks in the industry
The status of the trademark application can be tracked here.The status will be displayed as “Objected”.
It is always advisable to contest the rejected trademark and/or apply for a new trademark application, as the case may be. Trademark registration is mandatory for taking legal action against infringers.
If your mark has been accepted, it will be advertised in the Journal within four months of raising an objection. If no such third parties raise trademark oppositions, the trademark will be registered in a couple of weeks.
The response has to be submitted within 30 days from the date of issuance of the examination report.
The applicant may request a hearing adjournment if he/she is not able to attend it.
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Gandhinagar, Katpadi, Vellore
(+91) 416 2241199
(+91) 86677 53901
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# 10/1, Thiruthani High Road ,
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