Trademark Objection Reply

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TRADEMARK OBJECTION

A trademark objection is a formal examination to the registration of a trademark. It is raised by the examination officer from the Trademark department who examines the trademark and check if proposed trademark is similar or identical to an existing trademark and that its registration would cause confusion among consumers or damage the registered trademarks. The trademark objection can be raised during the examination process or after the mark is published in the Trademark Journal.

When an objection is raised, the trademark department will notify the applicant and give them an opportunity to respond. The applicant can either abandon the application or submit a reply along with the evidence to support their case. The Trademark department will then review the evidence and make a decision on whether to allow the registration of the trademark or to refuse it.

REASONS FOR TRADEMARK OBJECTION

There are several reasons why the trademark department may raise an objection to the registration of a trademark:

Similarity: If the proposed trademark is similar or identical to an existing registered trademark or a pending application, the trademark department may object to its registration on the grounds that it is likely to cause confusion among consumers.
Misrepresentation: If the proposed trademark contains any false or misleading information, the trademark department may object to its registration on the grounds that it misrepresents the nature, quality, or origin of the goods or services.
Offensive or scandalous: If the proposed trademark contains any offensive or scandalous material, the trademark department may object to its registration on the grounds that it is not in the public interest.
Generic or descriptive: If the proposed trademark is generic or descriptive, the trademark department may object to its registration on the grounds that it is not capable of distinguishing the goods or services from those of others.
Lack of distinctiveness: If the proposed trademark is not distinctive, the trademark department may object to its registration on the grounds that it is not capable of identifying the goods or services of a particular trader.
Lack of use: If the proposed trademark has not been used in commerce, the trademark department may object to its registration on the grounds that it has not acquired distinctiveness.
Bad faith: If the proposed trademark was filed in bad faith, the trademark department may object to its registration on the grounds that it was filed with the intention of taking unfair advantage of the reputation of another trader.

DOCUMENTS REQUIRED

The documents required to file a reply to objection raised by the trademark department are listed below:

Trademark application

Trademark examination report

Declaration for file reply

Brand name/logo/tag line

Please Note: All the scanned documents must be clear & the text in the documents must be legible.

HOW TO START THE PROCESS

1. Fill the form

Fill in the enquiry form to start the process

2. Get a call

Our team will call you and prepare your application

3. File Reply

Get your trademark objection reply filed within 1 day

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