Trademark Objection



Trademark Objection

The Trademark Objection is an instance of raising certain questions/objections by the Trademark Examiner, in order to facilitate proper and perfect registration of the filed trademark/service mark. The trademark examination and making of any relevant objections, is one of the most significant processes or stages during the entire registration procedure. Apoyo’s experts shall help you in taking the necessary steps regarding handling the objection.

“Any person” may give a Notice of Opposition to the application for registration of a trade mark whether he/she has or has not any commercial or personal interest in the matter. The person need not be a prior registered trade mark owner. He/She can be a customer, a purchaser or member of the public likely to use the goods. The question of bona fides of the opponent does not arise.

F.A.Q

If the status of the trademark application is ‘objected’ it means that your application is being objected, and that the Trademark Examiner has raised a query on the trademark under the Trademarks Act. The same shall be communicated over to you through an examination report, to which a reply is to be filed or you shall apply for a hearing.
Step 1: Go to the official website i.e. http://www.ipindia.nic.in/
Step 2: Under trademarks tab go to related links sub tab. Now under related links click for trademark status.
Step 3: You’ll be directed to an external website
Step 4: Click on Trade Mark Application/ Registered Mark
Step 5: Now enter the relevant trademark application number
Step 6: Now you can view the complete information about the trademark, along with the status of the application number.
Step 7: If your application status appears as objected, it means that the same has been objected and you shall provide the reply to it.
No, there is no Government Fees involved in the same.
If the applicant does not submit the objection within the prescribed time lines as mentioned in the examination report, the trademark status shall be marked as abandoned.
It shall have the following benefits:
• The application will be saved from being abandoned;
• The application shall proceed further;
• You can defend your application
The examiner would take roughly 6-8 months to reply to the same. So it might take some time for the same.
The time-limit to file the trademark objection reply is thirty days from the date of issuance of the report to the applicant or thirty days of viewing the same online.
The Trademark examiners at Trademark registry issue the examination report.
On the IPIndia’s portal, you can check the status of your trademark application. If the reply to the objection has been filed, the ‘Reply to Examination-MIS’ will become active at the end of the application, which you can download. Also, you would have received a receipt for reply filing from the attorney who filed the same.
Registration of Trademark is voluntary, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of Trade mark provides you with the legal protection in the event of any infringement arises and aids as protection to your business.