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Responding to a Trademark Objection
Documents Required for Responding to a Trademark Objection
Common Reasons for Trademark Objection
- Incorrect Applicant Name: The name listed on the trademark application is inaccurate.
- Wrong Address: The address provided in the trademark application is incorrect.
- Failure to File Trademark Form TM-48: Missing authorization form (power of attorney).
- Filing the Wrong Trademark Form: Incorrect form submission for the application.
- Wrong Trademark Class: Trademark filed under an inappropriate category.
- Existing Trademark: The proposed trademark already exists in the registry.
- Lack of Distinctiveness: Trademark does not distinguish itself sufficiently.
- Vague Goods and Services Description: Inadequate specifications provided for the goods/services.
- Misleading Trademark: The trademark may deceive consumers regarding the goods/services.
- Missing User Affidavit: Failure to submit a user affidavit with the application.
Trademark Objection Fees
Regular
- Exclusive of Government Fees
- Free Consultation with TM expert
- Drafting and filing of TM objection
- Exclusive for trademark applications filed by Covering Taxes
- Call, Chat, Email Support
- No hidden charges
Standard
- Exclusive of Government Fees
- Free Consultation with TM expert
- Drafting and filing of TM objection
- For trademark applications filed by third-parties
- Fresh Form-48
- Call, Chat, Email Support
- No hidden charges
Premium
- Exclusive of Government Fees
- Free Consultation with TM expert
- Drafting and filing of TM objection
- Trademark Hearing
- Call, Chat, Email Support
- No hidden charges
- .
How Our Team Works
Fill the Form & Make the Payment
Get a Call from a Trademark Expert
Examination Report Analysis
Drafting the Objection Reply
Approval of the Draft
Congratulations! Submission of the Reply to the trademark examiner.
Why Choose Covering Taxes
Frequently Asked Questions
A: A trademark refers to a form of intellectual property that includes any distinctive sign, logo, or design used to distinguish the products or services of one source from those of others. When a trademark is specifically used to identify and represent services, it is often known as a service mark.
A: A trademark is considered ‘objected’ when the examiner reviewing the application is not fully satisfied that the mark meets the necessary criteria and rules for registration. If the examiner raises an objection, the applicant will be notified and must respond within 30 days. The response should adequately address the concerns raised to prevent the application from being abandoned. If the reply does not satisfy the examiner, the trademark application may be rejected. Therefore, it is important to have an expert in trademark and legal matters prepare the response.
A: The examination report for a trademark objection can be accessed through the official Intellectual Property India (IPI) website.
A: The response to a trademark objection is prepared and submitted by the trademark expert within 3 business days of receiving the objection, provided all necessary documents are available.
A: If the trademark status still shows as “objected,” you can still submit a response to the objection listed in the examination report, even if the original deadline has passed.
A: A trademark is considered ‘opposed’ when a party believes it infringes on their existing trademark or may cause harm for any other reason. In such situations, the aggrieved party can file an objection with the trademark examiner. The examiner will review the case based on the statements and evidence provided by both parties. If an objection is raised, the applicant will be notified and must respond within 60 days; failure to do so will result in the application being deemed abandoned.
A: A trademark can be objected to for various reasons, such as issues with the submitted documents or failure to meet the specific criteria set forth by legal statutes and regulations.
A: Objections may arise based on the trademark laws and regulations, which restrict registration on two main grounds: absolute grounds, concerning the trademark’s inherent qualities, and relative grounds, relating to its potential conflict with existing trademarks.
A: If the reply does not adequately address the issues raised, the trademark office will reject the application, resulting in the refusal of the trademark registration.
A: If the application is rejected, you can file an appeal with the Intellectual Property Appellate Board to challenge the decision and seek reconsideration.
A: There are no government fees associated with filing a response to the trademark examination.
A: Yes, you can use the TM symbol even if you have received a trademark objection examination report. The Trademark Registry does not prohibit the use of the TM sign in such cases; it only necessitates an appropriate legal response to the objections raised.
A: The response to the trademark examination report must be submitted within 30 days from the date it was issued. Failing to file the reply within this timeframe may result in the revocation of your rights to use the trademark.
A: Once you submit your reply to the trademark objection, you can check the application status on the IPR website. The alert that says “Pending for Reply” will be removed, indicating that your response has been received by the Registry.
A: Once your application is published in the trademark journal, it remains open for objections from third parties for a period of three months. If no objections are raised during this time, the Trademark Registry will proceed to issue your Trademark Registration Certificate.