Trademark Objection | Who Can File For Trademark Objection? | How to reply for Trademark Objection
Channel: Bada CFO
Date: 2021-11-25

Trademark Objection

#TrademarkObjection in India is considered to be the most crucial and important stage for the registration of Trademark. Hence, after filing the application for registration of #Trademark, the Trademark officials specifically examines them and analyzes the same application & the mark.
Registration of #TrademarkApplication can be rejected by the Authority on various grounds if they deem fit to do so. Many at times during the process of trademark registration, the Trademark Registrar may raise objections on the intended trademark if it seems to violate any rules and laws of #trademarkregistration.

Grounds of Trademark Objection
Following are some of the reasons by which an application for Trademark Registration can face objection:

• Incorrect use of trademark form
• Wrong use of the applicant’s name
• Failure in the filing of Trademark form
• False address on the trademark application
• Inaccurate specifications of goods and services
• Trademark being already registered
• Lack of distinctive character
• Deceptive or Misleading Trademarks

1. Incorrect use of trademark form
2. Wrong use of applicant’s name
3. Failure in the filing of Trademark form
4. False address on trademark application
5. Inaccurate specifications of goods and services
6. Trademark already being registered
7. Lack of distinctive character
8. Deceptive or Misleading Trademarks

Who Can File For Trademark Objection?
As mentioned under Section 21 of the #TrademarksAct1999 ‘any person’ can file for the objection of trademark. This may include individuals, companies, partnership firms and trusts. However, if two or more persons have similar issues against any particular trademark to be registered, they can join together as opponents.

Further following personnel can file for the objection of a trademark:

• The author or the owner of an earlier trademark application covering Trademarks for similar goods.
• A person who has already used a similar trademark before the client, but has not sought registration of the same trademark. (Prior User)

What is The Time Period for Trademark Objection?

The third-party can file for the objection of trademark within the period of three months which may be extended to an additional one month from the date of publication of such trademarks.

Where Can Notice For Trademark Objection Be Filed?

The notice for the purpose of trademark objection can be filed at the trademark registry where the application for the trademark in the conflict has been filed earlier. Thus, it can be stated that if an application is filed at Delhi office, then the proceedings for objection of trademark should also be initiated at #Delhi office only. Also know the Top Ten Reasons for Trademark Objection in India.

What is The Procedure for Trademark Objection in India?

The following steps are involved in the process for the objection of trademark in India:

Notice for Trademark Objection

Any person can file for a notice of objection on a trademark that has already been advertised and published in the trademark journal within 4 months from the date of #advertisement.
The opponent party is provided with a duration of one month which may extend for a period of another one month in order to file for evidence in response to the applicant’s evidence.

Final Hearing

Based on all of the above points and the evidence produced and submitted, the Registrar shall call for the hearing. The parties within the period of 14 days from the date of receipt of the notice of hearing shall notify the registrar for their appearance in the matter. Thus, the matter is then heard by the Registrar of the Trademark and then decided on the basis of merits.

Final Decision

After the hearing on the matter, the Registrar finally delivers the decision. If the decision is in favour of the applicant, then such application is registered as per the #TrademarkRegistrationAct. However, if the decision is against the applicant, such Trademarks are considered to be objected by the Registrar.

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