Trademark Objection File-Overview
Trademark objection happens to be one of the initial phases in the Trademark registration process. In the Trademark objection, the trademark registrar seeks a valid reason or explanation about the mark/logo and registration. The applicant can file a Trademark Objection response by stating his reasons for choosing the logo/symbol and how it will emphasize on his business to avail valid registration.
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- Thus, in the event of a trademark objection, a comprehensive response needs to be filed within one month from the date of objection issued.
- There can be multiple reasons for Trademark objections like similarity with an existing trademark, offensive trademarks, lack of uniqueness, etc.
- Often, during the trademark registration procedure, the registrar raises objections to the proposed trademark if it violates the trademark registration rules and guidelines.
- After, the response draft is filed online on the Trademark e-filing portal, providing sufficient closures and supporting documents for the applied trademark, the registrar either approves the application for its registration or if the registrar is not satisfied then a Trademark Hearing is scheduled further and the same will be notified to the applicant.
- Henceforth, if the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal. On the other hand, if the outcome is negative, the Refusal Order will be passed, explaining the reason for such refusal. The applicant will then have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the points on which the order must be reviewed.
- After approval from the registrar, the trademark is published in the Trademark Journal and it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period, the mark will then proceed for registration, and the Registration Certification will be issued. If an objection is filed, the opposition proceedings will be held as per the prescribed rules of the law.
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