How Can You File a Trademark Objection Reply in India? – Guest Post


File a Trademark Objection Reply

A trademark objection is something none of us wants to have at any place in the whole registration process. And in order to deal with it, we have to draft the trademark objection reply with utmost diligence and care. Before understanding how to deal with trademark objections, let’s understand what a trademark is after all.

A trademark is the process of registering something in your name. It is a legal intellectual property. It is basically a unique name, tagline, logo, slogan, or sign of an individual, business, or organization.

What is a Trademark Objection?

It’s an objection that is raised at the initial stage of the trademark registration process. Through this, the examiner, the public or any third party may raise objections if he finds any queries. Along with that, the registrar provides the opportunity to explain and prove how your mark/brand name fulfills the requirements to fit into the valid registrable criteria.

Trademark objections could be raised under Section 9 and Section 11 of the Trademark Act, 1999. It is done to protect the public from any sort of confusion. Their objective is to take care of the potential buyers.

Section 9-Absolute grounds of refusal:

Under this section, trademark objections are raised because of the usage of generic or very common words.

Section 11-Relative grounds of refusal:

Under this section, trademark objections are raised because of the usage of identical names or marks.

There is also a General Objection (for clerical error), which is not an exhausting process but requires fees of 900/- It is alleged to rectify the errors of misinformation. All you need to do is to file the TM- M form within the given time period.

What are the reasons for trademark objections?

  • If you provided wrong information about the goods and services.
  • If usage of an already existing trademark.
  • If the registration form is filled incorrectly.
  • If the applicant’s name or any information about him is incorrect.
  • If sufficient information is not provided about the goods and services.
  • Usage of offensive terms and deceptive words.

Trademark Objection Reply Online:

After filling up the application form for TM-A, you will receive an examination report, which is sent by the learned registrar. If everything seems good to the government, then your application will be accepted. Furthermore, it gets advertised and you’ll also receive a trademark certificate within 4-6 months.

However, if the registrar finds any queries or any incorrect information about anything, they’ll raise objections through an examination report. And in order to reply to trademark objections, you really need to draft your reply in a very clear and effective manner. And then if accepted by the registrar, then you’ll receive the registration certificate.

Reply to Trademark Objection:

The very first thing you need to know is that trademark objection reply drafts differ from case to case. A reply to a trademark objection should be given within 30 days. To get your case clarified soon, you need to do a very good case study about which the objection is raised. Drafting a trademark objection reply by itself could be risky, which is why you should enlist the help of consultants and expertise. You may also reach us by filling in the query form for a trademark objection reply online.

Now let’s show you some tips on how to do a trademark objection reply draft.

  1. Make sure to make it as valid as you can.
  2. A trademark objection reply must be effective.
  3. Prove them clearly with obvious points.
  4. Explain the principal motive for usage of the name or logo.
  5. Clearly explain the difference between your trademark and the identical trademark.
  6. Prove how your brand name or logo is unique.
  7. Please provide a detailed statement.
  8. Describe the uniqueness of your goods or services.

Ensure that your brand name or logo does not fall under any sort of illegal format. There are usually higher chances of getting applications rejected. For which you are required to prove everything with valid reasons. You need to show the uniqueness of your brand’s name or logo. Finally, make sure to request a hearing in case of non-acceptance of the reply. 

What if the Trademark Objection Reply is not accepted?

If the learned registrar doesn’t get satisfied with your trademark objection reply draft, he could either reject it or further allot you any date for the hearing. You have to explain yourself in the hearing then.

The hearing takes quite a long time and energy, which is why you need to prove your points so effectively in your trademark objection reply. The examiner could raise objections in any regard that he finds invalid. Clarify how your brand name or logo fulfills the requirements to fit well within the valid registrable criteria.

And if you couldn’t explain your points or console them, your application would be declined then.

Documents required during the hearing:

  1. Authority letter
  2. Documentary proof of trademark usage in business.
  3. An examination report of the applicant.
  4. Affidavit for the usage of the trademark.
  5. Domain receipt if any.

You can attach the affidavit with your trademark objection reply draft also.

 The following are the main points to remember when responding to trademark objections online:

  1. Your mark/brand name should not fall under any illegal format.
  2. You must not take identical names with the intention of taking over their potential buyers.
  3. Make sure to prove the belongingness of your brand name to your goods and services.
  4. Fully convince them by proving the uniqueness of your brand name.
  5. You better not use any rude or offensive words.

Trademark objection reply services in India:

As we have told you earlier, replying to trademark objections could be risky if done by oneself. You need to fully convince the registrar. If you can’t convince them, you either get the hearing date or your trademark will be rejected.

JustStart will help you with trademark objection reply drafts online. We will give our full concentration while drafting it. We will make sure to free your trademark from any objection. We also provide expert consultancy services which would help you in all aspects of your business.