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TRADEMARK OBJECTION REPLY
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Know about the reasons for Trademark Objection and how to respond to it. File your Trademark Objection Reply with Startup-Booster & increase the chances of getting your Trademark Registration done in minimum time!!
Trademark Objection Reasons →
WHAT IS TRADEMARK?
TRADEMARK REGISTRATION ONLINE
Trademarks are symbols that are used to identify the source of products or services provided by a specific person or company. They have a distinct look or content. The trademarks help in brand building and allows consumer or customer to quickly identify the product with its manufacturer.
These marks are legally protected to guarantee that they are not used to mislead products or confuse consumers. To receive a legal protection, a trademark must be registered. This ensures that the product or brand is protected and cannot be used illegally and the owner has the complete ownership over the registered trademark.
Why are Trademarks Objected?
Top reasons for trademark objection !!
The trademark examiner raises an objection against the trademark application for a variety of reasons during the preliminary stage of the trademark (TM) registration procedure.
The trademark objection arises because of the two main reasons that are:
- a) The application is incomplete or comprises of incorrect information, or
- b) A similar Trademark already exists. If the candidate infringes any of the Trade Marks Rules, the examiner has ultimate control to oppose to the filed application via an assessment report.
WHY ARE TRADEMARKS OBJECTED?
TOP REASONS FOR TRADEMARK OBJECTION AND HOW TO RESPOND
Wrong Trademark Form
If the application is filed on the wrong form, it will be objected. File a request on form TM-M to correct it.
Incorrect Name
If the applicant's name is incorrect, it will be objected. File a request on form TM-M to correct it.
Inability to file Trademark Application
If TM-48 form is missing or incorrect, the application will be objected. File a correction request on Form TM-M.
User Affidavit is not attached
A User Affidavit is required for claiming prior use. File the affidavit to avoid objection.
Wrong Trademark Class
Incorrect classification leads to objection. Ensure correct classification while applying.
Suggested Trademark Already Exists
If a similar trademark exists, provide proof of uniqueness to respond to the objection.
Unique Character
If the trademark lacks distinctiveness, provide proof of its uniqueness.
Unclear Specification
Vague descriptions lead to objections. File TM-M form to clarify.
Deceptive Trademark
If a trademark misleads consumers, revise the application to avoid objection.
Invalid Address
Incorrect address leads to objection. File a request on TM-16 to correct it.
Trademark Objection Reply Guide
Understand the Process and Take Action
When a trademark objection is raised, the applicant must respond within two months. Failure to do so results in application refusal.
Key Steps in the Process:
- File a response within the given timeframe.
- Attend the scheduled hearing.
- Appeal to the IPAB if the application is denied.
Important Considerations
- Timely response to objections
- Proper documentation
- Legal consultation for better arguments
- Following up on the application status
- Appealing if necessary
- Ensuring compliance with trademark laws
DOCUMENTS REQUIRED
TRADEMARK OBJECTION REPLY
Things you need to file for trademark objection:
- Power of Attorney
- A simple form to complete
To sum up, filing a trademark application is a time-consuming process that necessitates a great deal of attention. The first step that firms do when starting a business is to choose a trademark. To avoid trademark objections, it’s a good idea to contact Startup-Booster Team early on in the trademark registration process. This will save you time, money, and your brand.
Contact us at +91-9130096555 or mail us at sales@Startup-Booster.com to know more about our services.
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