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Drafting and filing of reply for objection raised by Trademark Examiner with fresh Form-48. For trademark applications filed by third-parties.
Drafting and filing of reply for objection raised by Trademark Examiner along with trademark rectification.
Here are some of the top reasons why a trademark may receive opposition:
Trademark requests may receive opposition for more than one reason. The following are some of the reasons why an inspector may object to the registration of a trademark:
Reasons for refusing registration of a mark can be divided into two parts:
- Complete reasons for refusal – refers to the inability of marks to be differentiated or presented in pictures.
- Related reasons for refusal – are always related to previous trademarks and their related rights.
Any trademark that may be confusing to persons due to the substance of the brand itself or its use, such as the nature, quality, or location of the goods and services.
Disputes about a fraudulent trademark may be overcome by completing Form TM-16.
It lacks a different character
Trademarks that are unable to distinguish between one person’s goods and services from those of another do not make any difference and thus may receive opposition under strong reasons for rejecting trademarks.
The presence of the same trademark
If there are any similar or similar trademarks of different trademarks in the records relating to the same or similar meaning of goods or services, then an objection may be lodged.
False or inaccurate specifications of assets
Suppose the specification of goods or services happens to be very vague or includes a variety of goods or services. In that case, the objection may be raised in the following manner by the registrar of trademarks:
“The details of the goods/services mentioned in connection with class xx are not clear and comprehensive. You must provide specific details regarding the trademark required to be registered on application form TM-16”.
Invalid address for trademark usage
In a situation where the trademark applicant did not speak well of the main business location or did not mention the service address in India. An opposition may be raised as follows:
“The Applicant Business Area must be submitted on record by requesting a form TM-16” or “The applicant’s address for service in India should be in writing by completing the application on form TM-16, as the applicant does not have a central business location in India.”
Invalid applicant name
The requester must enter the name of the request in the correct form. If there is a wrong name in the trademark application, the inspector may object as follows:
“The application appears to be submitted in the name of a corporate company, the names of all the company’s participants must be recorded by completing the application form TM-16.”
Invalid trademark form
If the trademark application is not made in the correct form, the objection will be lodged with the inspector as follows:
“Application is made on Form TM-1, for a certificate marking the goods or services that fall into the class, the application form must be prepared as TM-4 by completing the application on form TM-16.”
Trademark test report
- After the application for registration of the mark has been submitted and inspected by the mark officer, the test report is sent to the mark applicant. It is also posted on the Trademark Office website and Trademark app details.
- The applicant or authorized agent then has the opportunity to submit a response to the trademark inspection report in the event of a trademark objection.
- The response is then considered, and if the objection is withdrawn based on the applicant’s response, a trademark application is accepted for registration. The trademark is published in a journal.
Reply to Trademark Test Report
- Response to a trademark inspection report may be submitted by the applicant or an authorized agent.
- This response can be sent online via the Trademark office website either in person or by post.
- Any affidavit and supporting documentation must be submitted with the response to the test report.
Opposition to the Need for Formatting
If there are complaints about legal requirements, the applicant must comply with the conditions required by the authority.
Suppose a trademark applicant asks for permission from a person whose image is from a trademark. In that case, the applicant must submit the person’s consent in writing and supporting documentation or state that the image from the trademark is not a particular person but a standard image.
Dispute about Wrong Marking Category
Objections may be created because the goods or services mentioned in the application do not fit in the right place
Opposition to Trademark No Differences
In the event of a dispute regarding a trademark inconsistency, the applicant may submit a response to the test report confirming that the trademark application that applied for registration can distinguish the good or the applicant’s service because the brand received a different character due to it. Extensive use relating to the relevant goods or services, before the date of application.
Suppose a trademark is different in its use. In that case, the applicant must submit an affidavit as proof of use of the trademark and its supporting documents.
Disputes about the Same or Similar Trademark Existence
Suppose the opposition is due to compelling reasons to refuse because of the same or similar trademarks relating to the same goods or services. In that case, the applicant may also express approval or not have an objection from the owner of the marks listed as conflicting in the test report.
Frequently Asked Questions
The inspector must be satisfied with the trademark which must comply with all laws and regulations, and if the inspector is not satisfied with the trademark he may object to the trademark. Notice will be sent to the requester and the requester must respond within 30 days.
Trademark resistance test report on IPI India website.
Trademark experts write and submit a response within 3 days raising objections received based on available documents.
The trademark objection raises the examiner by raising questions about the conditions of registration at the time of registration and the objection is made by a third party for the trademark reliability of the trademark.
The trademark is objected to for several reasons such as the documents filed or the fulfillment of the conditions mandated by law.