A trademark creates an identity that stands unique for the brand and distinguishes it from other products or services in the market. Hence protecting it is very integral, especially if someone wants to maintain their distinct identity from one another.
But have you realized, what if someone gets up and tries to stop you from exercising your rights? For that motto, we need to grasp the concept of trademark service and objection give clarity to our minds.
What Do You Infer from Trademark Objection?
Trademark Objection is one of the initial stages in the trademark registration process. The trademark examiner objects to your application for a certain set of reasons.
It is not straight away denial of your claim, but the Registrar surely looks out for valid reasons or explanations about the mark and its registrability.
He gives the applicant a chance to elucidate how the said trademark fits the criteria and meets the expectations of valid registration. All this is termed as a Trademark objection reply.
What Reasons Could Be for Trademark Objection?
There are specifically two reasons for trademark objection: Contains an incomplete or wrong set of information
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Similar trademarks already exist beforehand.
A trademark application needs to be perfect and without any errors or false sets of information. If there is any wrong piece of information, such as incorrect applicant name, principal place of business, etc., it is very likely to attract objections in such a case.
Incorrect details in Trademark form
If information relating to the applicant’s name, principal place or any other information in the trademark application is false, then it is most likely to raise a trademark objection.
Wrong filing of a Trademark form
The examiner can object if the trademark application is filed in the wrong forum. In case your trademark application is filed by a trademark attorney or agent, then form TM-48 must be filed and attached to the same.
What are the grounds on which the examiner can object?
A trademark application can be objected to under more than one ground for refusal. Following are some grounds on which an examiner can object to trademark registrations.
- Absolute grounds for refusal: Refers to the incapability of marks to be distinctive or graphically represented
- Relative grounds of refusal: Are always in connection with earlier trademarks and their related rights.
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How to Reply to a Trademark Objection or the Examination Report?
After you receive the report, you will have to provide a detailed explanation of the reasons stating how your mark meets all the requirements of being a valid registrable mark. Also, this should be done within 30 days, or the mark can be abandoned in such a case. Filing trademark objection reply to fees would be around 1500 bucks only.
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More than that, they will cover you with multiple things, such as,
- every trademark objection process,
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Trademark registration creates a distinguishing identity for the brand and differentiates it from other available services or products available in the market. Protecting a trademark is necessary if one wants to maintain its distinct identity.
But there are certain cases when someone would stop you from claiming your rights. Hence, we all need to understand the concept of trademark objection.
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