What is a Trademark Objection? The process for Registration of Trademark goes through various stages, and one of the important stages is Examination by the registrar. The process will be verified by a proficient officer and scrutinised regarding the correct application or any mistakes in the application, which satisfies the trademark act and rule to that effect. The Trademark Registrar can object to the applied mark if it contravenes trademark rules and laws during trademark examination. There might be many reasons for it, like similarity with some existing mark, offending a particular religion, or lack of distinctiveness in design. Should there be an objection for trademark, a reply in detail shall be submitted within 1 month from the date of receiving such objection.
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Listed below are the items that should be included in the Trademark Objection reply
A reply to the objection has to be filed before the Registrar within one month from the date of receipt of the examination report.
When a reply is not filed within one month from the publishing of the examination report, then the application will be considered abandon and no further filing of reply will be allowed.
No, the applicant of the trademark does not need to stop using the TM sign. By way of issuing the Examination Report, the Registry does not compel to stop the applicant from using the TM sign next to the Brand Name or Logo.
The application, when it is accepted by the Registry, is published in a journal for a period of 4 months and is open for opposition by Third Party. After completion of 4 months, where no opposition by third party is received, the Registration Certificate of the trademark is issued by the Registrar.
It is always advisable to contest the rejected trademark or apply for a new trademark application, as the case may be. Trademark registration is mandatory for taking legal action against infringers.
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