Trademark Objection Reply
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Trademark Objection simply means that the trademark registration office has found something incorrect in the application form or reasons for objecting to your trademark. The registrar sends an examination report to the applicant with all the details about why he is objecting to the trademark.
Trademark Objection simply means that the trademark you applied for registration is not acceptable to the Registrar. When your trademark application reaches out to the Registrar and he finds out any incorrect information in the application form or doesn’t find the trademark appropriate for registration with any sort of reason, then he marks your application as objected and sends you an Examination Report along with reasons and grounds for raising objections against it. However, trademark objection is not the same as rejection of a trademark registration application. When a trademark application reaches the registrar and the registrar finds any incorrect information in the application form or finds that the trademark is inappropriate for registration for some reason, then he or she marks it as objected, sends an examination report to the applicant along with reasons and grounds for raising objection against it.
The Trademark Registry examines every trademark application within three to six months to one year from the date of filing. It issues an Examination report in case it has some objection/s with the registration of a trademark, which may relate to the question of distinctiveness, not meeting qualifications under the act, existing similarity with prior existing registrations and filing supporting documents.
If a mark is accepted during examination, the trademark office will issue an acceptance order and publish the mark in its journal. However, a mark is rarely accepted without objections. If registration of a mark is objected by the examiner in his report, then the applicant or his agent must respond to it within one month from when he gets the report.
A well-drafted trademark objection reply can help you get your mark registered. In order to write a strong objection reply, focus on the trademark application and cited marks that have been cited against your mark. Be as specific as possible, provide relevant examples of like trademark cases and also cite recent relevant trademark case laws that support your point of arguments.
- A response to the arguments made in the opposition, supported by legal precedents and relevant sections of the Trademark Act, along with a rebuttal of those arguments
- In addition to filing a reply to the examiner’s report, applicants can submit an affidavit of usage showing that their mark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged use.
- Supporting documents to prove a mark’s inherent or acquired distinctiveness.