What is Trademark Objection and How to file it?
When someone owns the trademark to a product,
they can arrange to license other people to allow them to use the trademark in
their business activities. A legal agreement draws up between the trademark
owner who is called the licensor and the second person who becomes the
licensee.
What is
Trademark Objection?
The Trademark officer can anytime object to
your trademark by explaining various reasons. A trademark objection
could oppose because of an identical name, the likelihood of confusion,
descriptive design, and prohibited name or detrimental to the existing
trademark or the trademark you choose may hurt religious sentiments of some
section or is likely to confuse the customers.
Reasons for
Trademark Objection
After filing the trademark application,
trademark examiner examines the application. These are done to ensure that the
application is not inconsistent with the rules of brands. A trademark
application may face an objection to any of the following reasons:
If the application is not made in the right
way, a complaint will raise by the examiner marks. The declaration of the
examiner read as follows: The implementation is done as TM-1, for the
certification mark for products and services included in a class, the form of
the application as correct TM-4 by submitting of an application TM-16.
·
Incorrect Trademark Applicant Name
The name mentioned in the application must
have the names of all partners and must be filed on behalf of an association.
It should be presented on the TM-16.
·
Incorrect Address On The Trademark
Application
On application, the applicant does not mention
the main base; the objection thus raised will be as follows: 'The main base of
the applicant to be brought on record by submitting a request to the TM-16.'
The applicant must fix the object to perform.
What is a
Trademark Objection Procedure?
1.
File Trademark Objection Reply
In a case, if the trademark registrar objects
to the registration of a trademark, then the applicant will be given an
opportunity of being heard and to submit a written reply for the objection
raised. You can also file the trademark objection reply online.
2.
Timeline for Application – Check Your
Trademark Objection Status
It is very stringent to periodically review
the status of trademark application from the processing on the government side
after the filing of the trademark application. Trademark registration online
often requires various time-bound response or action from the applicant.
3.
Publication in Trademark Journal
Trademark journal is an official gazette of
the Trademark Registry where every objection, removal, or an application status
is published. If the Trademark Examiner thinks and gives a strong impression
that the reply to the complaint is sufficient and all concerns are advertised
in the trademark journal.
Conclusion
Trademark objection reply is filed timely
could let the trademark to get registered timely. Once you have the trademark
examination report in your hand then just run to us, we will submit your
trademark objection reply on time.
