How do you clear an 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 happens if a trademark is objected?
When the trade mark application is objected, it is stipulated that a response should be filed within one month from the date of receipt of Examination Report. Otherwise, the trade mark application will be abandoned by the Trade Mark Registry due to lack of prosecution.
How long does a trademark examiner take to review an objected trademark?
Trademark (TM) Objection Reply Filing Procedure It takes approx 3 working days to prepare the draft reply and 30 to 60 days to get updated on the TM database.
What is trademark objection reply?
It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability. He gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration. This is Trademark objection reply.
Can objected trademark be used?
Use of Incorrect Trademark Form Corrective Action: The applicant can overcome this objection by requesting to correct trademark application by filing a request on form TM -16.
What is the difference between objected and opposed?
As verbs the difference between object and oppose is that object is to disagree with something or someone; especially in a court of law, to raise an objection while oppose is to attempt to stop the progression of.
How do you find out who objected a trademark?
- 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.
What happens if your trademark is opposed?
If only some of the goods and/or services have been opposed, the application will be deemed abandoned in respect of those specified items and the trade mark will be registered for the remainder of the goods/services.
How often are trademarks opposed?
How Often Are Trademarks Opposed? It’s not often that trademarks are opposed, but opposition and cancellation proceedings can be a real threat once they have been instituted. In a recent USPTO study, only 2.8 percent of 4 million applications published went through an opposition proceeding.
How do you respond to a trademark objection online?
Reply to Trademark Examination Report
- The response for an objection in the trademark examination report can be submitted by the applicant or by an agent who the trademark applicant authorizes.
- This reply can be submitted online through the trademark office website or even in person or by post.
What is the difference between opposed and objected in trademark?
Today we will try to explain the fundamental difference between Trademark objection and Trademark opposition. Trademark objection is the objection raised by the Examiner of Trademarks whereas Trademark opposition is an opposition proceedings initiate by the third party.
What happens if you fail to reply to trademark objection report?
Failure in filing the reply to trademark objection report within a month from the date of dispatch of the said report would lead to the abandonment of the whole TM application. The Trademark objection reply letter provides the opportunity to present the ground as to why the applicant is entitled to get his/her mark registered.
What happens when a trademark is objected in India?
Whenever a trademark objection is raised, the application status will be marked as ‘Opposed’. In the case of a registered trademark, the same will be marked as ‘Objected’ in the Indian Trademark Registry. A notice will be served to the applicant/trademark user, informing him about the objection and the grounds of opposition therein.
What is tradtrademark objection and how to resolve it?
Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability.
How to object to a trademark registration application?
The Government trademark examiner can object to a trademark registration application by seeking valid explanations about the mark. There may be two specific reasons for such an objection- Besides, any third party or public may file a trademark objection in public interest-