Overview
Trademark is a unique expression that is exclusive to a product or service and may be a symbol, slogan, word, color combination, logo, photograph etc. Once a Trademark Application is filed with the Trademarks Registrar, it goes through a rigorous process of examination. During this process, some discrepancies might be discovered and the applicant might receive certain objection(s) regarding the application. Such objections need to be addressed within the stipulated time in order to avoid the rejection of the trademark registration application.
Grounds for Trademark Objections
There are certain absolute and relative grounds on which these trademark objections are based.
The following Absolute Grounds are the absence of a distinctive character, Inclusion of certain characteristic of the goods or services in the mark itself, which may serve in trade and potential to hurt the religious sentiments of any group of people.
The relative grounds may be, excessive similarity to an existing registered trademark and potential to cause confusion in public.
Reply for Trademark Objections
Following points must be noted in the event of receiving an objection on your Trademark application:
An appropriate reply to the objection must be drafted and sent within one month from the date of receipt of the Examination Report. Failure to do so will deem the application withdrawn.
A convincing reply must be drafted, which contains reasons, facts, and evidence in support of the acceptability of the trademark. Further action on your trademark application will depend on the effectiveness of this reply, so it is advisable to hire an expert to do this job for you.
Important Aspects of Trademark Objection Reply
1. Professional Response
It is very important to draft and file the reply of objection professionally as the chances of registration of Trademark increases substantially.
2. Reply is a Process
Since reply to the objection raised is important to put your view on your work, it does not guarantee the registration of your Trademark.
3. Follow-Up
Once the reply is file by a Trademark expert, you must need to follow-up with the department and an eye on the registration process to ensure quick registration.
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