A Trademark is given to a particular product or service in order to distinguish it from other products or services. It gives an exclusive right to its owner to use the mark and prevent other person to use the same mark for their products and services.
It is very important to register the Trademark Objected India Online so that no one else can use the same Trademark. In the Process of registration, two instances can come up due to which the registration of trademark can get refused.
First one is, Objection and Second is, Opposition.
Trademark Status Objected India online
In the Indian Trademark registry of the Trademark status shows as ‘Objected’ that means, registrar or the examiner has raised one or more objections in the examination report.
After the examination of the Trademark Objected India Online, Objection may be raised by the registrar/examiner under Section 9 and Section 11 of the Trade marks Act
When the Trademark status is objected, it is important that a response should be filed within one month from the date of receipt of the hard copy of the notice. An effective argument must be put forward to overcome the Objection. If the response is not filed in the stipulated time, the Trademark application will get rejected.
In order to overcome the Objection the person must have to show that the Trademark is different from the other exciting Trademarks. The reply must contain the reasons, facts and evidence in their favor.
The objection reply can be submitted online and then an acknowledgement receipt of the reply will be given to the applicant.
If the Trademark examiner finds the reply sufficient, he would allow the Trademark to be published in the journal.
If the examiner is not satisfied with the response he can refuse the registration of the Trademark.
When the third party opposed the Trademark, it is known as trademark opposition.
A person can file the Trademark opposition within 3 months from the date of publication of the Trademark. Any legal person such as any Individual, companies, partnership firms and trusts can file the notice of opposition.
Section 21 of the Trademark act, 1999 says that “ any person who wants to oppose a Trademark application can do so by filing a notice of opposition on the prescribed form along with the prescribed fee”.
If the opposition notice got approved, then the Trademark will be refused. But if the opposition application got rejected, the Trademark cannot be refused and will get registered.
There are certain reasons for the Trademark Opposition in India, such as:
- The Trademark is similar or identical to an already existing Trademark
- The Mark is descriptive in nature
- The Trademark is deceiving and create confusion among people.
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