Trademark Objection
A trademark objection is an objection by the Trademark Registry when they have a reason to believe that the Trademark Application filed by an applicant has some error or defects or is same or similar to an existing Trademark.
After filing a trademark application, it goes through a process where a Trademark Examiner looks into the application and checks if there are any existing trademarks that are the same or similar to the one you’re applying for. The Trademark Examiner’s findings are put together in a document called the trademark examination report.
Documents Required
- Advertisement Copy
- Product Images
- Sales Invoice
- Domain Registration copy
- Website Screenshot
Conditions where Objection can be raised:
- Incorrect Trademark Form
- Incorrect Details in the Application
- Filing without the Power of Attorney
- Confusing and Vague Description of the Product or Services
- Existence of Same/Similar/Conflicting Trademarks
- Devoid of Distinctiveness
- Deceptive or bound to cause Confusion
- Descriptive
Reply to Trademark Objection
- When the distinctive trademark is objected to, our team of experts shall file a reply to address the objection and continue using your mark.
- Our Trademark Attorneys shall ensure that a proper reply to a trademark objection is submitted within 30 days of receiving the objection report.
Advantages of Objection Reply
Using your distinctive mark
If you want to continue and carry on using your distinctive trademark, filing and objection reply is pivotal.
Prevents from Cancelling of Trademark
Filing an objection reply within the 30 days of issue of the examination report is important as it prevents the Trademark Application filed by the Applicant from getting cancelled by the Trademark Registry.
Increased Chance of Approval
Filing an objection reply with clear evidence and explanation backed by proper documents can improve the chances of obtaining approval of the trademark.