Senixa Legal helps you to clarify all queries raised against your trademark in the government objection. Price start from INR 1999/- only.
Trademark objection is the initial stage of trademark registration, where the trademark registrar might cancel or object to a trademark for a valid reason. Usually, an examination report is issued under Section 9, or Section 11, or both the sections of the Trademark Act, 1999. It does not mean that the registrar straight denies you claim but he seeks valid reasons and explanation behind the trademark. He provides an opportunity for the applicant to explain how the trademark fits the required criteria to avail of the registration. This is known as a trademark objection reply.
There are basically two reasons for which a trademark application might get rejected.
Law allows you to respond professionally and reply to trademark objection raised. You must file your response to this objection within a month from when the Examination Report has been published online. If you don’t, the Registrar may abandon your application
Once a trademark application is filed, the Trade Marks Registrar will process your application and issue an Examination Report for Trademark. Examination report could be for advertising your trademark before registration or he can come up with an objection for registration of the trademark. There are no fixed reasons why your Trademark Application may be objected.
• Authorization letter
• Affidavit of usage
• Examination report
• Trademark hearing notice
• Documentary proof of Trademark in commercial use.
• The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date
Study of Examination Report
Experts Assess Implications of Notice
Drafting of Objection Reply
You Approve Draft & Objection Response is Submitted
A compliance manager will get in touch with you to collect your documents along with a simple checklist. You need to fill up that checklist and submit along with your documents for verification. Our team of experts will verify the documents provided by you and take the procedure further. The compliance manager dedicated to you will keep you updated on the progress of Company Registration throughout the process.
Once your documents along with Checklist are submitted, we shall proceed with the application of your Digital Signature and subsequently the approval of name for your Private Limited Company. You may suggest up to three names of your choice. Names should be unique and suggestive of the Company’s business. We will proceed with application for name for your Private Limited Company in Part A of SPICe Plus form.
We will draft the MOA (Memorandum of association) and AOA (Articles of association). We will file the incorporation documents with MCA through in part B of a form called “SPICe Plus (SPICe +)” along with the subscription statement. Usually, MCA approves the forms within 4-5 days once filed and issues Incorporation Certificate with CIN. PAN & TAN are allotted alongside. You may then proceed to open your Company Bank Account.
How will I know my Trademark is objected?
The status of the trademark application can be tracked here. The status will be displayed as “Objected”.
What are the common reasons for Trademark Objection?
Trademarks are rejected due to one or more of the following reasons:
Usage of scandalous or offensive words
Absence of unique signs and terms
Official and Patriotic resemblances-like flag or emblem
Existence of identical marks in the industry
When should the response be drafted and submitted?
The response has to be submitted within 30 days from the date of issuance of the examination report.
What to do in case the deadline for the Trademark Objection response has been missed?
Senixa Legal professionals can help file an extension thirty days after the deadline.
Should I submit a User Affidavit along with the response to an objection or examination report?
Yes. An affidavit mentioning the usage of the Trademark has to be submitted mandatorily.
What happens if one cannot attend the hearing at the scheduled date?
The applicant may request a hearing adjournment if he/she is not able to attend it.
How long should I wait for the Hearing?
If your mark has been accepted, it will be advertised in the Journal within four months of raising an objection. If no such third parties raise trademark oppositions, the trademark will be registered in a couple of weeks.
After the Hearing, when will the Trademark be registered?
Trademark will be registered in 3-5 months, approximately.
What if the Hearing is not successful?
If it is not successful, there will be a Refusal Order passed that explains the reason for the refusal.
What happens if I run my business with a rejected Trademark?
It is always advisable to contest the rejected trademark and/or apply for a new trademark application, as the case may be. Trademark registration is mandatory for taking legal action against infringers.
Still, have confusion?
Don’t worry!! Our expert will help you to choose the best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at firstname.lastname@example.org or call us @+91 9999347181.
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