Trademark Objection in India - an Overview

Trademarks are important intellectual property for business. In a year multiple trademarks are applied. Not all the trademarks are accepted. Some trademarks are rejected and are not registered. Examiners search databases in order to find older trademarks that are identical to or confusingly similar to the mark under consideration. The trademark examination report summarises the results of the trademark examiner's investigation and the reason for trademark objection process.

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Documents Needed to File Trademark Objection Reply

The following documentation is needed for trademark objections process:

• Report on authorised document

• Trademark examination report

• Identification documentation

• Process for address verification in trademark opposition

 

Trademark Objection Process

• Follow the progress of your trademark application

• Look into the trademark complaint

• File a trademark objection reply

• Review and double-check the response before filing

• Obtain commentary on the department's response

• If your response is positive, your trademark will be published in the trademark journal

• As an applicant it is mandatory to appear during the hearing of The trademark.

 

How to File Trademark Objection Reply

It is mandatory to file a Trademark objection reply to the authorities within the given time frame. Vakilsearch can tackle the Trademark objection process easily without any hassles. As soon as you receive a Trademark objection notice read it thoroughly to analyse the grounds of objection.

• The first and foremost step is to file counter statement to the trademark objection process within a span of 2 months from receiving the notice

• The registrar will file for a hearing after receiving the Trademark objection reply

• You can provide the proof and other documents to prove your point

• Despite providing the documents if the registrar rules in favor of the opposing party you can appeal to the Intellectual Property Appellate Board (IPAB)

• The counter has to be filed within 3 months from the date of passing the order

• In case of any delays the applicant should explain the reason along with the fine of ₹2500

• If the reason is acceptable the IPAB will fix the date for hearing

• The filing process must be carried out in accordance with the IPAB's rules and regulations

• All the documentation has to be verified, all the application has to be endorsed by the deputy registrar

• If the deputy registrar finds any defects with the application a notice will be provided

• The corresponding changes have to be completed and submitted within 2 months

• In case of any delays the application will be abandoned

• Based on the provided documentation the IPAB will decide the case.