Submit a Online response to the TM objection

Approved response will be posted within 24 hours or you will get a full refund, with the quickest response time in India. Assured document writing in less than 24 hours by experienced IP attorneys to counter the TM objection.

Documents required for Applicant

  • Pan Card Copy (Mandatory)
  • ID Proof (Any one) – Driving License/ Voter ID/ Passport Copy/ Aadhaar Card
  • Passport Size Photograph
  • Mobile No. & Email-ID

For Trademark Application

  • Application Copy
  • Login Credentials
  • Oher details will be required on the basis of objection.

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Trademark Objection

An Overview- Trademark Objection

A trademark is a logo, symbol, phrase, or combination of these that identifies a brand. During the trademark registration process, the Trademark Registrar frequently raises objections if the proposed mark breaches trademark registration regulations and laws.

This could be for a variety of reasons, including similarity to a current brand, offensiveness to a specific religion, or a lack of a distinguishable design. A comprehensive response to a trademark objection must be sent within one month after the objection's issue.

By utilising a team of competent experts and Chartered Accountants, we guarantee complete customer satisfaction and quick service delivery. We, Knap Advisory, will assist you in drafting and submitting a flawless rebuttal to the received complaint.

Response to Objections

What to do after trademark opposition?

After receiving the objection report, you must file a response to the objection within 30 days after the objection's issuance date. You will be required to justify how your logo, tagline, name, symbol, or combination satisfies the criteria for a recognised trademark.

It must be completed within 30 days, unless the delay could result in the cancellation of the trademark application. The prompt submission of objection responses can save you time, money, and your brand.

Benefits

Benifits of Responding to a Trademark Objection

Providing valid proof in response to a trademark objection has the following advantages:-

An effective reaction may prevent the proposed trademark from being abandoned or rejected.

If the response can demonstrate the originality of the trademark, then the possibility of trademark registration will increase.

Your business can begin utilising TM while awaiting trademark registration. Therefore, it is preferable to file a response to a trademark objection rather than a fresh application.

How to file response to trademark objection?

The processes of responding to a trademark objection are as follows:

  • Step 1: Examination of the Trademark Opposition

The initial step entails a comprehensive analysis and investigation of the objection, since any lack in comprehension can result in the submission of an invalid Trademark Objection Response.

  • Step 2: Drafting A Response To A Trademark Opposition

The next step is to draft a trademark response containing the following:

  1. An appropriate answer to the presented position, including supporting rule of law, precedents, and decisions.
  2. Differences between the infringing mark and the applicant's mark.
  3. Additional supporting documents and materials for the response.
  4. An affidavit stating that the trademark is utilised on the applicant's website and social media channels; that the trademark is publicised in the media; that promotional materials for trademarked products are available; and that trademarked products are available on e-commerce sites, etc.
  5. The draft response is then sent via the Trademark e-filing system.
  • Step 3: Hearing on the Mark

If the response is satisfactory, the application will be sent to the Trademark Office for registration and publication in the Trademark Journal. If it is not approved or if the Trademark Examiner asks additional clarifications, a trademark hearing will be held and the parties will be notified.

  • Step 4: Journal Publication of the Trademark

If the outcome of the hearing is favourable, the mark will be approved and published in the Trademark Journal.

In the event of a negative determination, a Refusal Order detailing the reasons for the denial will be given. The applicant may still appeal the decision by submitting a petition for review within 30 days of the date of the Refusal Order, detailing the grounds for review.

  • Step 5 : Registration Certficate

Once your trademark has been published in the Trademark Journal, it will be available for examination for a period of four months. If no oppositions are filed within that time frame, the mark will be registered and a Registration Certificate will be issued. If an objection is filed, the opposition will proceed in accordance with the applicable legal statutes.

HELP & FAQs

How will I get to know if my trademark is objected ?

Click here to track your trademark registration. If it is protested, "objected" will be displayed.

What are the possible causes for my trademark objection?

Possible grounds for trademark objections include similarity to an existing mark, offensive phrases, or insufficient information.

What is the timeline for responding to trademark objections?

Applicants are obliged to submit a response to trademark objections within 30 days of the objections' issuance. After the deadline, the trademark application may be abandoned.

What should be done when a trademark objection is issued?

A After receiving the objection report, you must submit a response to the objection within 30 days after the objection's issuance date. Follow the instructions listed above.

Who has the authority to issue trademark objections?

The trademark registrar is authorised to analyse and oppose to trademark applications.

What should I do if my trademark application is refused following a hearing?

If your trademark is rejected with a refusal order following a hearing, you will have 30 days to file an appeal to reconsider the application. It must be filed with valid clarifications and supporting documentation.

What is the effect of a late trademark objection response?

Your trademark will be abandoned if you fail to answer in a timely manner, and you will be required to reapply for registration.

What steps should I take to prevent trademark objections?

You should conduct a trademark search to avoid any objections, or contact our specialists for assistance in selecting a suitable trademark.
Click here for trademark search

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Legal Info

Knap Advisory : We Care | We Deliver | We Honor

We have been especially crucial in ensuring startups are compliant with India's complex legal structure. We accept responsibility and obligation on behalf of the business owners and co-founders for adhering to all legal requirements. We strive to deliver a wide range of quick, effective, and compliance-focused services to any company or individual with a startup mentality. We are abide by our motto:- We Care, We Deliver, We Honor.