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Trademark Objection


Trademark objection is raised by Trade Mark examiner at the time of examination of trade mark in which an official examination report will be issued by the registrar within 3 months to 1 year of filing application of Trademark Registration.

In simple terms, objection means expression of disapproving by regulatory authorities. There are common grounds of Trademark objections, which are as follows:

ABSOLUTE GROUND OF TRADEMARK OBJECTION

  • Those marks which are devoid of any distinctive character.
  • Trademarks which may serve in trade to designate the kind, quality, values or other characteristics of the goods and services in question; or
  • Mark which are likely to hurt the religious of any class of citizens;

 

RELATIVE GROUND OF TRADEMARK OBJECTION

Section 11 lays down that a mark shall not be registered if there are plausible reasons to cause confusion amongst the public.

When the Trademark objections are raised by the registrar, a response should be filed within one month from the date of receipt of Examination Report otherwise, application shall be deemed to be withdrawn and treated as if it had not been accepted.

FREQUENTLY ASKED QUESTION


Trademark Objection means, the trademark registry has examined or checked your trademark application and while checking, they have reasons to object the application and ask for clarification on certain points. The registry uploads a copy of Examination Report on their official website (trademark application status) and sends a letter to the applicant asking for reply. Here the Objection is raised by the Trademark department on its own and there is no third party, company or competitor brand which has raised its objection. Such third party raising objection is called Trademark Opposition.
The objection reply is submitted online and you receive an acknowledgment of the reply. The PDF copy of Reply is uploaded on Trademark Registry website under your application. The Status will still be shown as Objected until the Registry reviews the reply and accepts the trademark or rejects it. Normally this process takes around six months to an year.

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