Trademark Objection

What does objected mean in trademark?

The term ‘objected‘ implies that the particular trademark application has been examined and a report generated as well, laying down the objections against the registrability of the mark. Once a trademark application is filed, the first step in its journey to registration would be examination of the said trademark

How do you know if a trademark is objection?

Trademark Objection

• Step 1: visit www.ipindia.nic.in.
• Step 2: Click on Trademark Bar available on page.
• Step 3: Click on related links bar present under dropdown menu appearing.
• Step 4: Click on Trademark Status.
• This page will appear once you click at Trademark Status.

Can we use objected trademark?

Once the counter is filed, the Registrar may call for a hearing if he rules in favour of the applicant the trademark will be registered. If he rules in favour of the opposing party, the trademark will be removed from the Journal and the application for registration will be rejected.

What are the objectives of trademark?

The overall purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguises the goods or services of a firm.

How do you clear an objected trademark?

If some goods are in the wrong class: trademark reply to change the application to delete the items that do not fall under the proposed class. If the objection is because of the grounds (the mark is not distinctive): file a reply stating that your mark can be differentiated from the foods and services it stands for.

• What is a trademark objection?

  A trademark objection is raised when the Registrar finds certain grounds, as per the Trademarks Act, 1999, to refuse the registration of a trademark. It indicates that there are specific issues with the trademark application that need to be addressed.

• How is a trademark objection different from a trademark opposition?

  A trademark objection is raised by the Registrar during the examination of the trademark application. In contrast, a trademark opposition is filed by a third party, usually another trademark holder, after the trademark is advertised in the Trademark Journal.

• How long do I have to respond to a trademark objection?

  The applicant has 30 days from the issuance of the examination report (which contains the objection) to respond. If no response is filed within this period, the trademark application can be deemed “abandoned.”

• Can I challenge the Registrar’s decision on an objection?

  Yes, if the Registrar’s decision post the response is not favorable, the applicant can request a hearing. If still unsatisfied, the decision can be challenged before the Intellectual Property Appellate Board (IPAB).