Trademarks are the marks that are used to distinguish between the products of one company with that of the other company. Trademarks make a great value to the companies these days. Companies can use trademarks only after the registration of the mark. For registration of a trademark, the applicant should file an application for the registration. If the examiner approves the application, the examination report is published on the website and also in the Trademark Journal. If no oppositions are filed within 4 months of the publication, then the certificate of registration of a trademark is issued to the applicant.
But in course of the registration process, the application for registration of a trademark may be objected the examiner of the application.
Reasons for raising objections
Objections could be raised based on formality requirements, relative grounds, absolute grounds and prohibition. Trademark Status Objected India online based on formality requirements could be raised if the applicants do not adhere to the formality requirements like ensuring the submission of the appropriate name, appropriate power of attorney, principal place of business, and so on as prescribed by the Indian Trademark Act and Trademark Rules.
Trademark Objection India Online based on relative grounds could be raised if the mark in the application is an identical mark or similar mark to an existing trademark. An objection under this head could be raised if the mark in the application is a likelihood of causing confusion.
Objections based on absolute grounds could be raised if the mark in the application is descriptive may be in terms of qualitative or quantitative or if it is with intended purpose or if it values-based or if it is with a geographic design. At times, Trademark Status Objected India online could be raised if the mark in the application is prohibited by the Indian Trademark Act.
The process of raising and replying to the objection
If there are any such objections in the application, then the examiner reports the same in the Examination Report. This report is published into the web portal. A copy of the examination report is also sent to the applicant. On receiving the report, the applicant should file a reply to the objection, which could be considered by the Pending Application Records Management.
If the applicant’s reply to the objection is waived off by the applicant, then the application is accepted for registration and the same is published in the trademark journal. If the reply for the objection is not accepted then the applicant may go for a show cause hearing. In case if the applicant does not reply to the objections within 30 days from the date of receipt of communication of the objection raised then the application gets abandoned.
Objections a problem in the registration of trademark – solved
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