Intellectual Property Services

Our discerning, perfect, and dedicated services for IPR in India, cover all diverse categories of intellectual property. The sumptuous commercial and industrial intellectual property is broadly divided into the major categories of copyrights, trademarks, patents, industrial designs, and geographical indications.

Trademark Objection Management

Trademark Objection Management

  • Overview
  • Why Taxcomate
  • Process
Once the trademark application is filed, it has to face the stringent scrutiny of the examiner. The submitted trademark registration application can be rejected by the trademark examiner. The rejection is called trademark objection. It basically means that the examiner has gone through the application and has disapproved the application. The instances of trademark objection in India are too many and too common. Every year, there are thousands of applications filed by trademark aspirants. And every year, over 60 percent of these applications face objections. Therefore, you should take absolute care when it comes to filing the application for registration. Because regardless of how much you worked hard drafting the application, the objection to trademark doesn’t take much time. All it takes for the trademark objection process to complete is the creation of a trademark examination report. The report dictates whether the trademark is allowed or is rejected. There are two grounds under which the trademarks are objected. They are:
  1. Absolute Grounds:
    1. The trademark does not possess any distinctive character.
    2. The trademark tells the quality of the product it represents.
    3. The trademark is offensive to specific communities due to deliberate or mistaken intention.
  2. Relative Grounds: 
    1. The trademark can cause confusion among public
However, trademark objections are not always fair. Therefore, there is trademark objection reply. A rely to the TM objection has to be specifically filed in a customized fashion. Basically, through the reply, you are going to counter each statement made in the objection with a rebuttal. It has to be reasonable enough to counter the objection. If the reply is accepted, the trademark is published. If not, there is the matter of hearing.

Frequently Asked Questions (FAQs)

If it is a word, it must be easy to speak, spell and remember. The finest trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid using laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

Proprietorships are not regulated by any particular Act, hence there is no registration. Every buiness needs registration under Shop & Establishment Act whether it is providing a service or dealing in goods. Other registrations such as GST etc depend upon nature of product/service.

consequatur.

Trademark Objection means, the trademark registry has inspected or tested your trademark application and while checking, they got enough reasons to object the application and demand clarification on specific points. The registry uploads a copy of Examination Report on their official website (trademark application status) and gives a letter to the applicant asking for response against the raised objection.
In this case, the objection is upturned by the Trademark department on its own and there is no third party, company or competitor brand which has raised its objection. If there is third party objection, it would be known as Trademark Opposition.

There is no difference between these two terms.• Register your brand to get exclusive right on it.
• Protect your brand like other assets and belongings of your company.

• It will help you to protect your hard earn goodwill in business.

• You can stop others from promoting same brand in same industry of business.

• It will give you nation-wide protection for your trade.

It is necessary to file a proper reply to trademark objection report within 30 days of issue of the report. If a legal reply is not submitted, the trademark registry may cancel the trademark application and update the status of the application as Abandoned.

The reply to trademark objection can be submitted online and one can receive an acknowledgment of the reply. The PDF copy of Reply can be uploaded on Trademark Registry website under the application. The Status will still be reflected as Objected until the Registry checks the reply and receives the trademark or rejects it. Generally, this process takes around six months to a year.

You will get time to go through 2 iterations and one finalization of the logo.

For filing trade mark objection, following documents & information are needed:


• Trademark Application Number


• Copy of TM-1


• ID & Address Proof of the Applicant


• Power of Attorney


• Affidavit & Declaration for the amount of advertisement expenses on the Trade Mark

1. Required Documents for Trademark Objection

In regard to the Trademark Objection, the following documents are needed:

    1. Authorization Documents
    2. Examination Report of Trademark
    3. ID Proof
    4. Address Proof

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Trademark Objection Management

₹2,999.00

There is an extensive range of services for each of these categories; that start from the very beginning of a creation to perfect registration and well-rounded protection to the same, in the desired national or international jurisdictions. These all categories of intellectual property are considered as the lifeblood of businesses in the respective fields, and therefore, require scrupulous and flawless handling from beginning to the end. 

Protect your BRAND

TRADEMARK COPYRIGHT PATENT DESIGN

Protection provided for

Any word, logo, symbol, mark, phrase that distinguishes goods of one party from another.

Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.

Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.

Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.

Requirements for registration

The mark shall be unique.

The work must be original, creative and should be capable of fixing in the tangible form.

An invention must be new, useful and non-obvious

The design must be original and should be applied to the article by any industrial process.

Duration of Protection

For 10 years

Author’s life plus 70 more years.
For 20 years.

For 10 years.

Rights granted

Rights to use the mark and prevent any third person from using the deceptively similar mark.

Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.

Right to prevent others from making, selling using or importing the patented invention.

Provides the creator, exclusive rights over use of the design.

Who can obtain?

Business owners or the product owners.

Authors, artists, choreographers, architects, and other creative professionals.

Inventors and designers.

Designers or the owners of the product.