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Format to Reply to the Objected Trademark

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Last Updated on May 27, 2024 by Kanakkupillai

The trademark office reviewing your application will check to determine if your mark is similar to any others already in use or registered. Let’s say they identify a good explanation of why your mark differs from the others. In that situation, you may expect a trademark objection notification to be sent in response. This is the initial stage of challenging a trademark. Unless there is a valid basis to do so, the trademark examiner’s office will not file an opposition to your mark. A trademark application must thoroughly explain how a candidate’s mark differs from competing marks. Your “objection reply” is needed at this point.

Answering an Objection to an Indian Trademark Application 

It shall be up to you to justify the disparity between your mark and the others. An “objection reply” is your response to the trademark examiner’s concerns. Your answer to the trademark examiner’s comments on your mark should elaborate on how it differs from the competing marks. Provide details about the services and products that your trademark covers. Most trademark examiners have a preferred method of receiving replies. 

The Examination and Objection Phase of Trademark Registration 

Step 1: Applying for a Trademark

Step 2: Evaluating the Application (Formality Check, Vienna Convention, etc.)

Step 3: Examination, opposition, and hearing of the trademark

Step 4: Publication in the Trademark Gazette after an Opposition Hearing

Step 5: Trademark registration.

Challenge to a Trademark 

Trademark opposition constitutes the second phase of trademark registration. The registrar evaluates all applications for trademarks.

A Report on Trademark Examination 

After analyzing the submission, the registrar will provide its findings and decide whether to approve the application. If the trademark is approved, the register will publicize it. The examiner will notify the applicant/trademark attorney of any comments made in the report.

In the trademark assessment report, an objection must be noted. The trademark agent is usually the recipient of the examination report. After receiving the objection, the applicant will have thirty days to respond. If the applicant’s examination report is satisfactory, the registrar will authorize the application and publish the trademark in the journal.

Contrary Arguments 

The Registrar of Trademarks experienced the following major application issues:

  • A trademark is invalid if it fails to distinguish between products.
  • The trademark application is identical to an already registered trademark.

Objections and Their Justifications 

Rejecting trademark applications often occurs for two major reasons:

Trade Marks Act, 1999, sections 9(1) and 9(3), offer the sole grounds for refusal 

  • These trademark applications will be rejected as per Section 9(1): 
  • Having no identifying features, being unable to tell one seller’s wares apart from another’s
  • These are labels or signs placed on products to reveal information about them, such as their nature or quality, price or worth, place of origin, or when they were produced or provided.
  • Trademarks that have grown commonplace in the verifiable and proven method of a business or common usage.

According to Section 9(2), a trademark application must be denied if the mark 

No mark can be registered as a trademark if it contains simply the following, as set out in Section 9(3) 

  • Products’ forms emerge from their intrinsic characteristics.
  • product form required to achieve the technological goal
  • The form that imparts so much worth upon the items.

Explained: This section stipulates that trademark registration cannot be denied based on the products or services utilized or intended to be used

Trade Marks Act, 1999 Section 11 lists registration denial grounds 

The Act prohibits the registration of a trademark when there is a possibility that consumers may be confused between the brand and an existing one owing to the resemblance between the products or services. To be considered “an earlier trade mark,” a trademark or application must have an earlier filing date than the trademark in issue.

Filing Deadlines Rebuttal to Exam Report 

Within 30 days after receiving the report, a response and any necessary supporting papers must be sent. Legal professionals should draft replies to trademark examination reports and include citations to relevant case law and rulings from relevant courts and international organizations.

Application of Extension for Objections Answer 

The application is deemed abandoned if no answer is obtained within thirty days of the report. Electronically sending Form TM-M to the registrar with a good explanation for the delay is how the applicant or trademark agent can ask for an extension of time. Replies to examination reports submitted by a different trademark agent also require a new Power of Attorney.

Repercussions of not filing a response 

Timely trademark opposition responses are a mandatory part of the trademark registration process. The applicant must submit a new application if the previous one has been designated as abandoned. Professional legal advice is essential.

Trademark Objection Response Procedure 

The applicant has thirty days in which to respond to the objection. The application is dropped if no answer arrives within 30 days of the evaluation.

If you need more time than 30 days to complete your reply, you can submit a request for more time using Form TM-M.

How do you respond to a trademark objection form? 

The application will be marked as “Objected” if the registrar feels it may be subject to an objection in the trademark office’s opinion. The trademark attorney will be given the rejection details in the examination report. 

  1. You should review the report from the examination to figure out what the problem is.
  2. To Write an answer to the complaint, which must contain a full description of how you intend to deal with the issues raised, along with any applicable case law or other legal authority that backs up your position.
  3. Responding to the objection and supporting papers must be sent within 30 days of obtaining the examination report.
  4. If the answer is approved, we will file your trademark with the appropriate authorities and publish your trademark in the appropriate trademark journal.
  5. If the registrar rejects the trademark application, the trademark attorney will be told that a hearing has been set.

Conclusion

Dealing with trademark opposition requires thorough investigation, open dialogue, and ethical behaviour. Successfully navigating this tough procedure requires knowledge of the objection, creating a response supported by strong facts, maintaining a professional tone, and collaborating with legal specialists. Remember that rejections are simply opportunities to prove your trademark is special and valuable.

FAQs

1. Can a trademark complaint be answered without hiring a lawyer?

Although it is feasible to react on your own, doing so is not encouraged, and legal counsel should be sought instead. By consulting trademark attorneys, you may boost your chances of success.

2. If my answer is not accepted, then what?

Consult a trademark attorney if your submission is declined.

3. How long does it typically take to respond to an objection?

Prompt and well-thought-out replies can speed up the process and produce a faster result.

4. What addresses the possibility of indisputable objections?

The objection may be hard to overturn if your mark infringes on preexisting trademarks. You may prevent these problems by doing your homework and consulting an attorney in advance.

5. When responding to an objection, may I change my trademark?

Expert advice should be sought before modifications to guarantee continued trademark compliance.

6. What are some popular arguments against registering a trademark?

Similarity with already registered trademarks, a lack of uniqueness, a descriptive character, or the use of generic terminology are all possible grounds for trademark opposition. Knowing these frequent objections will give you an advantage if you apply for a trademark.

7. Do I have any recourse if my response is denied first? 

Discussing the denial and possible appeal strategies with legal professionals is essential.

8. How does international trademark law factor into challenges?

If your firm operates internationally, international trademark regulations may play a role in any opposition you get. To avoid roadblocks in overseas markets, it is essential to have a firm grasp of the international harmonization of trademark regulations.

9. How can I demonstrate the uniqueness of my trademark? 

It usually takes more than one piece of evidence, such as widespread acclaim, customer feedback, or the judgment of an industry insider, to establish your claim of uniqueness. You must amass substantial proof of its distinguishing features to prove your mark’s individuality.

10. Is there a particular sector more likely to raise concerns about a trademark?

Yes, trademarks in highly competitive areas like technology, clothing, food, and drinks are more likely to be challenged. Doing thorough research and writing a compelling application in these fields is very important.

11. Can I continue doing business if someone files a complaint about my trademark?

While an unresolved objection won’t necessarily shut you down, it might stunt the development of your brand. Timely settlement is critical to ensure a trademark’s long-term protection and avoid any future legal problems.

12. If I disregard a trademark objection, what will happen? 

Your application may be denied if you disregard your trademark’s opposition. In addition, it might lower the protection your brand has under the law, opening the door to infringement charges. Protecting your brand requires a rapid response to customer complaints.

13. Could I reapply for a trademark if my initial attempt was unsuccessful?

You can reapply even after being turned down once. Determine why your application was denied and make adjustments to your second submission. If you consult with attorneys, the odds of accepting your new application will increase dramatically.

14. How does handling trademark objections change from one country to the next?

The procedures for handling trademark oppositions might differ widely from one nation to the next. Expert legal counsel in the area can provide light on the law as it applies in the region.

15. What protections do I have when objecting to a trademark?

You can offer evidence, reply to objections, and file appeals during the objection procedure. It is crucial to properly traverse the objection procedure to understand these rights and exercise them with legal specialists’ assistance.

Shalini

Welcome to www.kanakkupillai.com! Greetings, I'm Shalini, a Business Development Specialist deeply committed to fostering growth and success for business owners and startup enthusiasts. With a keen understanding of various industries, market dynamics, and strategies for sustainable development, I'm here to be your guiding force in achieving your business objectives. My passion for promoting diversity and inclusivity in the business world is unwavering, and I firmly believe that every entrepreneur, regardless of their background, should have access to the expertise and guidance necessary to excel in the competitive startup landscape. I am truly honored to accompany you on your journey toward entrepreneurial success through this blog, where I'll share invaluable insights and strategies tailored to your specific business needs. Thank you for trusting me with the privilege of contributing to your path to business prosperity. For additional information and resources, please visit www.kanakkupillai.com.