Trademark registration makes you stand out of the crowd and establish a unique identity of your products and entity. During the Trademark Registration process, an objection can be raised by the Trademark Examiner. Afleo offers services to easily file Trademark Objection Reply.
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In this stage all your doubts regarding Trademark Objection will be cleared by us. Then we will collect all the necessary information and documents required for drafting an appropriate reply to the objection.
We will draft your reply within 3-4 working days based on given documents and information and send it to you for confirmation. Once it is approved by you, we will go ahead with final submission of the reply.
Once the reply gets approved, we will send it to the appropriate Trademark registry and will track the process of application and will inform you about the same.
Afleo.com can easily file reply for Trademark Objection within 2-3 working days
Got Questions? Request a call back from Afleo.com Trademark Objection Expert.
• Improper filing of the form
• The trademark is alike or identical to an earlier or existing registered trademark.
• The mark is devoid of distinctive character.
• The mark is descriptive or expressive in nature.
• Application for the trademark is made for fraudulent purpose.
• The mark is regular in the current language or in the established practices of business.
• The trademark is likely to mislead the public or cause confusion.
• The mark is contrary to the law or is prevented by law.
• The trademark is prohibited pursuant to the Emblem and Names Act, 1950.
• The mark contains matters that might hurt the religious feelings of people.
• As per section 11 of the Trade Marks Act 1999
An trademark Examination report is issued by the examiner/registrar in case the Registry has some objection/s to the registration of the trademark application.
The examination report can be found on IP India website, viz. www.ipindia.nic.in
If registration of a trade mark is objected by the examiner in the examination report, the applicant must respond to it with a reply which must include:
• A counter to the objections arose.
• Applicable precedents of the trademark office
• Supporting documents to prove distinctiveness. An affidavit of Usage along with relevant documents, only in case of prior use.
The reply of Objection is generally filed with the respective trademark registry.
There is no specific trademark objection reply format, it varies from case to case.
Filing a reply to the objection against any trademark should be done within the period of one month after the receipt of the examination report from the examiner.
If a reply to the objection is not filed within the stipulated period, the trademark application is abandoned by the registry.
The most important difference between trademark objection & trademark opposition is that the objection arises at the beginning stage that is at the time of filing of a trademark application by the examiner or by Trademark registry while the trademark opposition is filed by any person at a later stage when the trademark is advertised in trademark journal.
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