Trademark Objection

Does your trademark registry status show the word “Objected”?

Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. If your status in the trademark registry shows that it is “objected”, it means that the registrar finds the mark you selected in the application filed is not eligible for being registered. The registrar can object the registration of your trademark on the grounds stated in Section 9 and Section 11 of the Trademarks Act 1999. And a reply can be filed by the applicant within one month from the date of receipt of Examination Report before the registrar to reconsider the application for registration. Filing an effective, well-framed objection to justify the reasons for objection will be satisfactory and the registrar becomes more likely to allow the registration of your trademark.

eStartIndia comprises of best professionals who would help you in filing an effective reply for Trademark Objection before the Registrar. We also provide for trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification.

eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored as per your requirements.

Get a Free Consultation for any Trademark objection with Our Top Rated Experts with a simple registration.

Why choose eStartIndia?

We are a team of competent professionals in this field and we offer you the best services like

IDENTIFYING REASON AND DEVELOP STRATEGY: - We identify the reason for the rejection of your application and the concerns of the Examiner. After a discussion with the client, our professionals will develop a strategy that will defend the grounds for objection.
FILE REPLY: - A reply that addresses all the issues raised in the objection will be drafted and filed before the registrar after obtaining your consent.
TRACKING: - We don’t end our service there!!!. We keep a check on all the developments in the objection filed from time to time which reduces the burden of the client from missing out any direction.

NOW KEEP THIS IN MIND:-

The argument for each reason for objection will be different. Only quality and professionally drafted reply for objection can cure the issue. If an objection is filed under Section 9 for the mark is not distinctive or indicating the quality, quantity and the nature of good, then in order to overcome the hurdle, it must be shown that mark was obtained inherently or out of continued usage. And in the case where the objection is raised in accordance to Section 11 for being similar or identical to any pre-existing mark then proofs shall be produced to show how distinctive the mark is from others or establish the extensive usage of this mark by the applicant.

WHAT MUST BE INCLUDED IN YOUR REPLY?

A brief and specific answer to the objection.
Relevant case laws to support your objection.
To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT.
Other evidence supporting the inherent usage of the mark and establish distinctiveness.

Click here to read more about "Trademark Assignment"

Step 1

RECEIVING OBJECTION NOTICE:

The trademark registry officials send examinations report after reviewing the application for objections. If you have applied for the Trademark Registration through eStartIndia then our agents will keep a continuous track on the status and inform you.

Step 2

DRAFTING REPLY:

Considering the reason for objection a reply has to be drafted in such a manner to defend the concerns of the examiner.

Step 3

FILING REPLY:

The drafted reply must be filed before the registrar within one month from the date of the notice of objection. A time-barred filing of reply will result in the abandonment of the application.

Step 4

HEARING:

After the reply is filed, the registrar may either accept the application directly when the reply itself was satisfactory or else the registrar may conduct a hearing to give a chance for the applicant to address the issues.

Step 5

APPEAL:

If the registrar rejects the application even after the hearing process, then the applicant is eligible to file an appeal before the Intellectual Property Appellate Board.

Package

Basic

2499 /-

Package Includes:

Drafting of Reply for objection
Filing of Reply for objection
Free Expert Support
Same Day Filing
Government fees extra

(Professional Fees)

FAQs

What is time limit to file reply to objection ?

A reply to the objection has to be filed before the registrar within one month from the date of receipt of the examination report.

Can a reply for objection be filed after the prescribed time limit ?

When a reply is not filed within one month from the publishing of examination report then the application will be considered abandon and no further filing of reply will be allowed.

What are the reasons to object a trademark registration application ?

The trademark registrar can object the application on the various ground laid down in Section 9 and Section 11 of the Trademarks Act 1999 which can be on the following basis:

For the mark not being distinctive.
If the mark indicates the quality, quantity or the nature of goods offered.
When the mark is found to be against public morality, scandalous, hurtful to religious sentiments or threat to national security
The mark is similar or identical to the pre-existing mark used by competitors.

When can an appeal be filed before Intellectual Property Appellate Board ?

Section 91(1) of the Trademarks Act prescribes that the applicant can file an appeal before the appellate board within 3 months from the date of the order made by the registrar.