Trademark Objection.
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What is a Trademark Objection?
Our Team will thoroughly study of objection and decide best route of address the issues objected by Trademark Examiner, as specify in the TM Examination report and move to the next step of the procedure.
Our Advocate will draft a reply to the objections raised. We draft the response in best way that increase the chance of getting Trademark.
Reply to Trademark Examination Report
It is must that the Applicant replies within 30 days from the date of receipt of the examination report. This document is known as Trademark Examination Reply.
The response to an objection in a trademark examination report can be submitted by the trademark applicant. The response can also be made by an agent authorized by the trademark applicant. This authorization is made by a Power of Attorney by the virtue of Form TM48 under the Trade Marks Act, 1999. This response is called “Reply to Examination Report”.
Objection Pertaining To Incorrect Classification
If the objection is because the goods and services mentioned in the application and the trademark class so mentioned are not in consonance, the Trademark Office will object.
It is important to note that it is advisable to get proper legal advice as to the correct classification of goods and service, prior to submitting a Reply to Examination Report for objection as to the wrong classification of trademark class.
Objection as to Identical
There might be an objection based on the relative grounds of refusal under Section 11 of Trade Marks Act 1999. A trademark faces this objection during registration on the ground of same or similar trademark have been already registered or applied for before the registry of Trade Marks by some third party. The purpose of this grounds of refusal is to protect, rights of the party holding a similar or identical trademark and also to safeguard general public from confusion or deception as to the origin of the goods or services.
Top Reasons for Trademark Objection
The following are the top reasons for trademark objection: