Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected. A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.
But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. In cases where in the Trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration. If you receive any objection like this from another party, then you need to respond back within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.
Trademark objection is done through Herambindia.
It's important that a professional response be drafted as a reply to the objection raised by a Trademark Examiner. An experienced professional can significantly improve chances of successful trademark registration by filing a professional response, addressing all the concerns cited in the Trademark Examination report.
Filing a response to the objections raised by a Trademark Examiner in the Trademark Examination report does not guarantee registration of the trademark. Trademark registration is a process and registration is provided only by the Trademark Registrar - based on the facts of each case. Hence, our professionals can only make best efforts for registration based on expertise.
Post filing of a trademark application, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark registration sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.
Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the reply to the objection sufficiently addresses all concerns cited in the Trademark Examination report, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.
As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the applicant is required to file a counter statement within two months.