Dealing with Trademark Opposition is a significant issue that almost 60% of trademark applicants should anticipate. A very subtle action is taking the reply to such an objection and filing it. Through this blog, you will learn about the type of reply you must submit for a certain form of objection. This blog is dedicated to educating readers about Trademark Objections, including the process and costs involved. It’s not unexpected that businesses are flocking to the IP department in order to register their trademarks given the rise of distinctive items. However, trademark resistance stands in the way of their success. Nearly everyone who applies for trademark registration in India will experience trademark opposition. However, many people are still unsure about what to do when their application is rejected.
What is trademark objection?
Trademarks are crucial pieces of intellectual property for businesses, and each year numerous applications for trademarks are made. All trademarks may not be used. Some trademarks are not registered because they are refused. In order to uncover prior trademarks that are identical to or confusingly similar to the mark under examination, examiners explore databases. The trademark registrar receives the application for Trademark Registration when it has been submitted. The existence of the application will determine whether the mark is published. There is, however, a 60% probability that this won’t occur. Given the likelihood of a trademark complaint, many people are reluctant to start the process in the first place. Given that, you may now expect an objection because you are aware that there is a 60% likelihood that it will occur. In light of this, handling trademark opposition is what will submit your mark for registration in the trademark journal. The findings of the trademark examiner’s inquiry and the justification for the Trademark Objection Process are summarized in the trademark examination report.
Why has your trademark been disputed?
There are many small and large, but crucial, details in your Trademark Application. Your application will be turned down if even one step is missed. Even with the most complete trademark application, there remains a 60% risk of opposition. The following list of factors might be used to summarize your Trademark Objection Status:
Reason for trademark objection
- Incorrect address: The simplest errors are frequently the biggest offenders. The first ground for opposition to a trademark is providing the incorrect location in the application.
- Incomplete description of goods or services: There are 45 Trademark Classes, and each one describes a particular sort of good or service. When submitting a trademark application, you must select a class and tailor your description to the class. But occasionally, the description can be so vague that the application is turned down. It is unclear what exactly is being specified as trademarks are connected to a particular trade. Therefore, you should be well-versed in your trade before applying for such registration. Your application is likely to be denied if the goods and services are not specified correctly.
- Similar trademarks already exist: Only distinctive trademarks are allowed to register with the trademark office. But many of you don’t even follow that fundamental rule. Many choose an existing trademark in an effort to make a quick buck by riding the wave of an established brand out of greed or laziness. Patent opposition prevents such from happening. If a similar trademark already exists, your application will likely be rejected for this reason, which is one of the most frequent ones. There will be no registration for you if your trademark is identical to one that has already been registered.
- Deceptive trademark: A deceptive trademark is one that aims to trick customers by giving them the impression that it is familiar to other trademarks. Your trademark won’t be accepted if it is misleading. If the trademark is misleading in any way: If you are trying to capitalize on an already successful trademark by making minor changes to it, you should stop right there. Don’t even believe for a second that you can avoid detection and defy the law.
- Wrong approach to submit the application: Assume that you are submitting the trademark application incorrectly if you are. A trademark application submission requires expert assistance and intricate information. The objection may occur if there is merely a single mistake in the application.
- If the trademark lacks any distinctive characteristics: If the trademark lacks any distinctive characteristics, the “unique” portion of the mark’s definition is not satisfied. Trademark opposition is the result of this.
- Any other incorrect detail in the trademark application: If the application’s details are incorrect in any manner, you may face objections.
Trademark objection Reply
- Objection does not need imply denial outright. There are strategies for handling opposition to your trademark application. The government has been kind in giving the chance to respond to the objections with a trademark filing. You can address the criticisms with a trademark reply. There are various types of objections, and each one requires a different strategy to counter.
- If the trademark complaint is made because you failed to comply with a formal requirement, for example, by failing to provide a required document. After that, you submit the documents along with your response to address the objections.
- File a reply detailing the correct class of the trademark if the categorization is wrong.
- File a response to correct the trademark class if the listed products and services are incorrect.
- If certain products are in the incorrect class, use the trademark reply to amend the application and remove the products from the incorrect class.
- If the mark is not distinctive, you should file a response explaining how your mark may be distinguished from the goods and services it represents.
- If the mark has already been registered by another party and there is an objection, the applicant should file a reply claiming ownership of the mark. If the applicant is making such a claim, they must also be able to demonstrate how the mark was previously used.
Trademark opposition fees
You can get help from Legalraasta finding unusual brand names, or we can create a Trademark Search report for your business. The official application fees are between INR 3000 and INR 2700 per class and mark. Legalraasta may impose fees for Trademark Objection Feed based on the application requirements, the Trademark Registry rejecting your application, or if there are any other requirements.
Trademark Opposition Process
- Post a response to a trademark objection. It explains in detail why the department’s decision to object to your trademark is incorrect.
- With order to get your trademark through the objection stage, we can assist you in filing a trademark reply.
- Now that we know if your application is being opposed, we can file the reply. Simple, you will receive a receipt number when you file your application. Save it and use it later to login and monitor the status of your trademark application. If it states that your trademark is being objected to, you must act promptly and submit your application.
- Analyze the trademark complaint and keep track of the development of your trademark application.
- Before submitting, check and double-check the department’s response, and ask for feedback.
- Your trademark will be published in the trademark journal if your response is favorable.
- It is required that you attend the trademark hearing as an applicant.
You must believe that all are deserving of acquiring such status as you are already aware that almost some of trademark applications are rejected due to objections. You’ll notice that many encounter objections “simply because” when you delve further into the trademark objection search paradigm. You can always count on government officials to put obstacles in your way. In this blog, we have explained what trademark objection is, how it works, and how much it costs. We have also listed the different reasons for trademark objection and how to respond to them. Trademark objection is so frequent that you should not even consider it a problem. Instead, consider it an annoyance. For additional details, speak with one of our Trademark Specialists. Filing a reply to an objection involves several subtleties. So there is no shame in obtaining the support of the professionals who can assist you if you are unable to handle them appropriately.