Overview
Benefits
Prerequisites
Overview
Once an application for the registration of a trademark has been submitted, an official will review the application to ensure that the application adheres to the Rules of the Trade Marks Act, whether there are errors or not.
A summary report with the examiner’s remarks shall be produced upon review. If no rules or other trademarks are conflicting, it shall be published in the Trademark Journal. However, in the case of a conflict, the reviewer raises an objection and advises the applicant/attorney of whether his request should be permitted. An application requiring the applicant to respond to the review report generated by the Registry may be abandoned if no reply has been provided.
The objection of Traditional Marks in India
- The trademark is similar or identical to an earlier or existing registered trademark.
- The mark is lacking a unique appearance.
- The mark is descriptive in nature.
- The trademark is likely to mislead the people or create confusion.
- The mark is contrary to the law or is restricted by law.
- The mark contains matters that are likely to hurt the religious feelings of any class or section of people.
Benefits
- Abandonment Prevention
Apart from preventing the whole application from being abandoned, The letter responding to the opposition to trademarks helps the applicant to explain whether he or she is eligible to be authorized. By responding in correspondence to the report, one may claim that the objections are irrelevant to the application of “TM” and display the distinctive characteristics of the mark. - Establish the Uniqueness of your Brand
Once the response from the registered attorney to the trademark objection is properly submitted, the response can be seen while tracking the status of the application. As the approval from the registry is pending the status would still be “objected.”
Prerequisites
- Trademark Objection occurs when a third party objects to the registration of a trademark. The applicant is given legal notice of the objection and the reasons for it in this situation. Documents Required for Trademark Opposition
- Brand Logo
- Examination Report
- Supporting Proof of Logo ownership