Online Trademark Objection Reply

Trademark - is Your Unique Identity

Trademark registration is a form of intellectual property protection, in which the name or token used by an entity to distinguish its goods or services from other similar goods or services from a different business may be protected. To register a trademark, a trademark application must be submitted by the applicant to the relevant Registrar of Trade in the prescribed format. Once a trademark application has been applied for, the Trade Markets Registrar will process the application and issue a Test Report. Among the results, the Trademark Test Report may allow the trademark application to be advertised prior to registration or the Commercial Inspector may object to the trademark registration.

In cases where the Registrar of Trade Mark expresses an objection to the registration of a trademark, the applicant has the opportunity to submit a written response to the proposed objection within 30 days. The response to the Trade Mark Inspection Report must contain the reasons, facts, and proof of why the marker should be registered in favor of the applicant as well as supporting evidence if any. If the trademark inspector receives a satisfactory response and deals with all the concerns he or she has brought to the test report, the application will be approved for publication in the Trademark Journal, prior to registration.

Trademark Examination Report

Once the trademark registration application has been submitted and reviewed by the Trademark Officer, the trademark report is sent to the trademark applicant or person authorized by the trademark applicant. The trademark test report is also posted on the trademark office's website and the app's details. The applicant or authorized agent has the opportunity to submit a response to the rejected trademark inspection report, in the event of a dispute by the trademark inspector. Feedback is considered, and if the dispute can be removed on the basis of the applicant's response, the trademark application is approved for registration, and the trademark is published in the trademark magazine.

How to Reply to Trademark Examination Report

Responses to objections to a trademark inspection report may be submitted by the trademark applicant or trademark authorized applicant as "Reply to the Trade Report". The response can be sent online via the Trademark Office website or it can also be submitted in person or by post. Any affidavit and supporting documentation must also be submitted with the Test Response Report.

Objections as to Formality Requirement

In case of objections as to formality requirement(s), the trademark applicant should comply with the requirements as desired by the office. For example, if the trademark office has called for the consent of a person whose portrait appears on the trademark, the trademark applicant may submit the consent from the person in writing with supporting documents or state that portrait appearing on the trademark is not of a particular person, but is a general picture of a man or woman.

The Objection as to Wrong Classification of Trademark Class

In the event that an objection due to the goods or services mentioned in the plan does not fall within the appropriate category of trademark, the trademark applicant may apply to amend the category or state that by the division of goods or services published by the Registrar, the goods or services are properly organized.

In the event of an objection that some of the goods or services mentioned in the program do not fit into the classroom, the applicant may apply for an amendment to the application by removing items that do not fit into the relevant category. The applicant may also state that according to the classification of goods or services published by the Registrar, all items fall into the category specified in the application.

It is important to obtain legal advice regarding the fair classification of goods and services, before submitting a Response to a Test Report of Opposition to the Bad Classification of the Trademark category.

Objection as to Trademark Lacks Distinctiveness

In the event of an objection other than the trademark, the applicant may submit a response to an inspection report finding that the trademark applied for registration is able to distinguish the applicant's goods or services; or the trademark acquired a different character due to its extensive use in respect of relevant goods or services, prior to the date of application. If the trademark is discriminated against due to overuse, the applicant must submit an affidavit as proof of the use of the trademark and supporting documentation.

The complaint that there is a similar or similar trademark

In the event of a dispute for certain reasons for refusal due to the same or similar trademarks in respect of the same goods or services, present in the records, the applicant may submit a test report In addition, the applicant may also state admission or disapproval of objections from the owner of the marks cited as disputed in the test report.

Top Reasons for Opposing the Trademark

The following are the main reasons for trademark opposition:

Use of Invalid Trademark Form

In the event that the trademark application is not made in the appropriate forum, the following objection is raised by the Sales Inspector.

"Application is made on Form TM-1, to obtain a certificate in respect of goods or services that fall into the category, the application form must be prepared as TM-4 by applying on form TM-16."

Corrective action: The applicant can overcome this objection by requesting an amendment to the trademark application by applying on form TM -16.

Invalid Trademark Applicant Name

The brand name of the trademark applicant must be correctly entered in the application, as suggested in this article. In the event that there is an invalid trademark applicant name, the trademark inspector may lodge an objection as follows:

"The application appears to have been submitted in the name of a co-operative, the names of all the Partners of this company must be in writing by completing the application form TM-16."

Corrective action: The applicant can overcome an objection to the applicant's false trademark name by requesting to amend the trademark application by applying on form TM -16.

Failure to Submit Trademark Form TM-48

Whenever a trademark application is filed with a Trademark Attorney or Commercial Attorney on behalf of the applicant, the Trademark Form TM-48 must be attached. In the case of Form, TM-48 is not affixed or improperly displayed, the trademark inspector may express an objection as follows:

"The application is filed by a non-applicant, and must be filed with a stamped Post of Attorney who approves a particular agent."

Corrective action: The applicant can overcome the objection to the failure or incorrect completion of Form TM-48 by requesting to amend the trademark application by applying on Form TM -16.

Invalid address for commercial application

In the event that a trademark application does not specify the applicant's principal business location, or in the case of the applicant's address in India, then the dispute may be raised as follows:

"The applicant's core business area must be submitted for recording by request on form TM-16" or "Applicant's address for employment in India must be entered on record for application on form TM-16, as the applicant does not have a central business location in India."

Corrective action: The applicant can overcome the objection to the wrong address by requesting to amend the trademark application by applying on form TM -16.

Unclear specifications of goods or services

In a trademark application, if the details of the goods or services are not very clear or include many types of goods and services in the classroom, then the dispute may be raised by the Sales Inspector as follows:

"The specification of the goods/services mentioned in relation to the class xx is not very clear and comprehensive.

Corrective action: The applicant can overcome objections to the placement of goods or services by requesting to amend the trademark application by applying on form TM -16.

The trademark does not have a distinctive character

Trademarks that cannot distinguish one person's goods/services from those of another do not have a distinct character and are therefore liable under strong reasons for rejecting trademarks. To overcome a trademark objection under reasonable grounds, the trademark applicant may provide evidence to show that the trademark has acquired a different character due to its previous use.

The trademark is deceptive

An objection may be raised by the Sales Inspector, if the marker has the power to deceive the public because of something in the mark itself or in its use, such as the nature, quality, or origin of the goods or services. Opposition to a fraudulent trademark may be overcome if the applicant seeks to remove goods or services from the specified by completing Form TM-16.