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What is Trademark Objection?

For many reasons, the Trade Marks office can have objections to your trademarks application. There are many possible reasons for Trademark objection. The Trademark applications are first examined by the Ministry to see if any applications of similar trademarks/trade names are either registered or pending with them. Moreover, if any such similarities are found then the application is sent under 'Examination Report' stage. As soon as the examination stage is made clear, it is published by the ministry in its journal and the application is then kept open for objection for a limited period of 120 days. In that limited period of time if any objection comes up then the trademark applicant is notified for the same.

Here are few reasons for trademark objection:

  • Use of Incorrect trademark form
  • Incorrect Trademark Applicant Name
  • Failure to file trademark form
  • Incorrect address on trademark application
  • Unclear specifications of goods and services
  • Same or Similar trademark already exists
  • Trademark lacks distinctive characters
  • Trademark is deceptive

Trademark Objection Process:

3 Working Hours:

If you file your initial trademark application through us, we would inform you in case it has been objected by the registrar within a month from the publication of the examination report that contains the objection. If you are a new customer, we advise you to get in touch with us within a month of the report being published.

2 Working Days:

You will be kept in touch with our lawyers to look after your case carefully. Later, they will draft the appropriate response and affidavit (if necessary) as per the requirements of your case.

30 Working days:

If in any case, the registrar not accepts your initial response then an interview will be scheduled for presenting the arguments in person. As soon as the government satisfies with the response; the objection gets lifted up within 18 months.

Advantages of Trademark Registration

Legal Protection

The default option for start-ups and growing businesses as only private limited companies can raise venture capital.

Business Opportunity

The default option for start-ups and growing businesses as only private limited companies can raise venture capital.

Unique Identity

The default option for start-ups and growing businesses as only private limited companies can raise venture capital.

FAQ's on Trademark Objection:

What happens if there is no response to trademark objection?

If the trademark is objected and you don't respond; the registration in such case remains pending & your trademark gets abandoned over a period of time. Hence, to stay in business and enjoy the trademark rights you need to respond to the trademark objection.

How to proceed if your trademark file has been objected?

If the examiner objects the trademark file then, the examination report citing the objections can be viewed in the Trademark Registry Website. A written response statement has to be filed by the applicant, within a timeframe of 30 days. Failing to overcome all the objections raised by the examiner, within the stipulated time of 30 days will lead to the abandonment of the trademark. This abandonment leads you to the same initial position where you were before filing the application leading you to a loss of money that you have spent on the filing.

When can I use R with my trademark?

The R mark can be used when an application gets approval from the government. Moreover, it takes 8 months to 2 years for the trademark to get its approval.

Do I need to hire a lawyer while filing for Trademark Objection?

Not really, while applying for a trademark application it can be done on your own. Attorneys or lawyers are needed only for the complex cases that might arise after the filing for the trademark. The trademark application is a simple thing to file and hence you can also file the trademark application online to save time and money. Similarly, you can kick start with an online application of trademark process and later can seek an attorney's advice if needed.