Respond to Trademark Objection
A trademark is a symbol, logo, phrase, or a combination of these that expresses the identity of a company. During the trademark registration procedure, the Trademark Registrar frequently raises objections to the planned trademark if it violates trademark registration regulations and laws. It could be for a variety of reasons, including similarity to an existing brand, offensiveness to a specific religion, lack of a distinct design, and so on. A thorough reply to a trademark objection must be filed within one month of the date of the objection’s issuance
The Following is a Checklist for Trademark Objection
- Incorrect Trademark Form Filing
- The examiner will raise an objection if the application is not filed in the proper format. Form TM-4, for example, is used to register collective marks for goods and services in any one class. Form TM-51 is used to register a trademark for several classifications of products and services.
- The name of the trademark applicant is incorrect.
- Trademarks must be submitted using the applicant’s full name and spellings must be double-checked.
- Deceptive and offensive terms are used:
- Trademark names containing deceptive phrases or attempting to deceive or mislead customers with fraudulent product or service descriptions will be refused. For example, a company selling chocolate flavours under the name “Vanilla chocolates” could be considered dishonest. At the same time, trademark registration applications containing inflammatory phrases will be denied.
- Inadequate Product/Service Information:
- When a trademark application fails to explain the business’s products and services in detail, the Trademark Examiner is likely to reject the application due to the ambiguous information.
- Existence of a Mark That Is Identical:
- The targeted trademark must not be confusingly similar to any other mark in the industry. Under the Trademarks Act, the Trademark Examiner might object on the grounds that it may cause public confusion.
Register a Company in 5 Easy Steps
Examining the Trademark Opposition
The first step is to thoroughly analyse and research the objection, since any uncertainty in understanding can result in an improper Trademark Objection Response being filed.
Drafting a Response to a Trademark Opposition
An affidavit confirming the applicant's use of the trademark on its website and social media channels; media advertisements; publicity materials; availability of trademarked products on e-commerce sites, and so on, accompanied with documentary proof.
Hearing on a Trademark.
The application will be processed further for registration and publication in the Trademark Journal if the response is accepted. If it is not approved, or if the Trademark Examiner requests additional clarifications, a trademark hearing will be held, and the public will be notified.
Trademark Journal Publication
If the hearing results in a good decision, the mark will be accepted and published in the Trademark Journal. If the outcome is negative, the Refusal Order will be issued, stating the grounds for the refusal. The applicant would still be able to challenge the ruling by submitting a review petition within 30 days of the date of the order.
Fill out the registration form
Fill out the registration form. Your trademark will be open to review for four months after it is published in the Trademark Journal. If no third-party oppositions are lodged within that time frame, the mark will be registered, and the Registration Certification will be issued. If an objection is filed, the opposition process will proceed according to the law's regulations.
Document Required
- Affidavit of use Affidavit of authorization
- Report on the examination
- Notice of a trademark hearing
- Documentary proof of Trademark in commercial use.
- On the scheduled date, the officially appointed applicant or attorney must appear before the authorities.
Why Should you reply to a trademark infringement Complaint
- Always be well-prepared before the department issues a trademark objection. You should have suitable proofs to show that your trademark has nothing to do with an existing word or logo owned by another individual.
- It gives your brand a distinct character because a trademark symbolises your firm and helps you stand out from the crowd.
- It will provide your brand an extra layer of protection.
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- articles of association (AOA)
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