When you try to get your Trademark registered, it goes through a meticulous examination process where the examiner checks whether your Trademark is authentic or not.
Trademark objection does not mean that your Trademark has been rejected, it simply means that the examiner/registrar has objected the application filed on certain grounds as mentioned in the examination report. Even if your Trademark has received an objection, your reply to the objection can greatly increase the chances of getting it successfully registered.
Once your trademark enters the registration process, it may face objections from the public, third parties, or the examiner. Trademark objections generally fall under two main categories. Understanding these reasons can guide you on how to respond effectively to a trademark objection in India. Objections may arise on the following grounds:
Common Reasons for Trademark Objections:
Lacks Authenticity: A trademark should be distinctive, helping your brand stand out. If your trademark resembles any existing mark, the examiner may refuse it to avoid brand confusion.
Deceptive Marks: If a trademark has elements that could mislead or confuse the public, it may be objected to. Trademarks should be clear and easily understandable to avoid objections.
Incorrect Details: Any inaccuracy in the applicant’s name, business address, or trademark form can result in an objection. It’s essential to provide accurate information during registration to avoid delays.
At JustStart, our expert consultants can assist you in filing a Trademark Objection Reply in India. With experience in helping startups and businesses navigate the trademark registration process, our team can help you overcome objections and successfully register your trademark.
Quickly address Trademark objections in India with JustStart’s streamlined approach. Our team of skilled legal consultants has extensive industry expertise to help you respond to Trademark objections without delays. With JustStart, you can efficiently file a Trademark Objection Reply online in India.
1. Objection Review: Upon receiving a Trademark objection, we thoroughly examine the notice and pinpoint the issues affecting your Trademark.
2. Drafting the Objection Reply: After identifying the objection’s basis, we prepare a detailed reply with supporting documentation. Essential documents for filing a Trademark Objection Reply include:
These documents are attached to counter the objection effectively.
3. Hearing: After filing the objection reply, the relevant authority will either accept or reject it. If rejected, the application will proceed to a "Show Cause Hearing."
4. Trademark Journal Publication: If the objection is resolved during the hearing, the Trademark will be published in the Trademark journal. If refused again, an order with reasons will be issued.
5. Review Petition: If the Trademark is refused, we will submit a review petition within 30 days, substantiating grounds for reconsideration.
Our team maintains clear communication throughout the process, guiding you step-by-step. JustStart’s experienced legal experts are dedicated to supporting you through every phase of the Trademark Objection Reply process, ensuring you meet all requirements effortlessly.
JustStart offers quick and effective legal solutions to help you overcome Trademark objections with ease. Our dynamic team of experts follow the most effective legal practices to help you elevate your business by following the norms laid out by the Government of India.
We have contributed to the growth of many businesses through our rapid assistance. If you wish to get your Trademark registered, our hassle-free process will get it done efficiently.
Over the years, we have helped many companies through our constructive solutions. JustStart’s legal expertise can help you tackle any form of Trademark objection efficiently.
One of the many reasons why we are known as the most credible Business management consultant agency is due to our commitment to our clients. Through our effective assistance, we help you achieve your organizational goals successfully.
If a third party raises an objection on your business or product’s Trademark, you will receive a notice from the concerned department of the Government. You will have 30 days to respond to the objection. If you fail to file a reply within 30 days, the case will be decided by the registrar Ex-parte..
We highly suggest you refrain from copying any existing Trademark without the permission of the Trademark’s owner, as it may result in heavy monetary penalties.
Once we file a Trademark objection reply, it may take up to 4 to 6 weeks.
An applicant can track the status of the Trademark registration application online to check whether the Trademark has received any objection or not. You can track the status of your Trademark here https://tmrsearch.ipindia.gov.in/eregister/eregister.aspx
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