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  • Trademark Objection

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    Shalini
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    Trademark objection is the preliminary objection raised by the Registrar in the official examination of the application of trademark by the Registrar of Trademarks office. The objections may be raised under sections 9 and 11 of the Trademarks Act 1999. As per the Act, a trademark shall be distinct and dissimilar with an existing trademark. Further grounds of objections by Registrar includes:  Failure to place the prescribed correct form i.e. TM-A,  Failure to mention the correct applicant’s name,  Failure to file TM-48 in case the applicant authorises another person on his behalf under power of attorney,  Trademark is found to be deceptive by the examiner  Vague description of goods or services, and  Address mentioned in the application form is found to be incorrect. Further, if prescribed corrective measures not taken at the prescribed time the registration shall be rejected.

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    Trademark objection is the preliminary objection raised by the Registrar in the official examination of the application of trademark by the Registrar of Trademarks office. The objections may be raised under sections 9 and 11 of the Trademarks Act 1999. As per the Act, a trademark shall be distinct and dissimilar with an existing trademark. Further grounds of objections by Registrar includes:  Failure to place the prescribed correct form i.e. TM-A,  Failure to mention the correct applicant’s name,  Failure to file TM-48 in case the applicant authorises another person on his behalf under power of attorney,  Trademark is found to be deceptive by the examiner  Vague description of goods or services, and  Address mentioned in the application form is found to be incorrect. Further, if prescribed corrective measures not taken at the prescribed time the registration shall be rejected.

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    31 visualizações9 páginas

    Trademark Objection

    Enviado por

    Shalini
    Trademark objection is the preliminary objection raised by the Registrar in the official examination of the application of trademark by the Registrar of Trademarks office. The objections may be raised under sections 9 and 11 of the Trademarks Act 1999. As per the Act, a trademark shall be distinct and dissimilar with an existing trademark. Further grounds of objections by Registrar includes:  Failure to place the prescribed correct form i.e. TM-A,  Failure to mention the correct applicant’s name,  Failure to file TM-48 in case the applicant authorises another person on his behalf under power of attorney,  Trademark is found to be deceptive by the examiner  Vague description of goods or services, and  Address mentioned in the application form is found to be incorrect. Further, if prescribed corrective measures not taken at the prescribed time the registration shall be rejected.

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    © All Rights Reserved
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    de 9

    Trademark Objection

    INTRODUCTION TO TRADEMARK OBJECTION

    Trademark objection is a refusal to a Trademark by an examiner at the


    time of examination of the trademark application.

    Conduct Search Avoid Identical Marks Avoid Prohibited Marks


    Search for marks and phonetic Dilution of the trademark is the Trademarks that contain
    sound to coin a unique only way to avoid the similarity names, flags which are
    trademark in the trademarks protected under Emblems and
    Names Act are rejected

    Avoid Deceptive Language Avoid Well Known Marks Choose Distinctive Marks
    A trademark should not hurt Never use words of popular Always use the word which is
    the sentiments of the people brands nor there combinations. different, unique and non-
    descriptive
    REQUIREMENTS FOR TRADEMARK OBJECTION

    TM Objection involves filing a response to any queries raised by the trademark


    examiner in the examination report. Following are the some grounds on which
    examiner can object the trademark registration application

    Relative Absolute Other


    Grounds Grounds Grounds

    Existence of identical Deceptive Trademark Incorrect Details


    trademark
    Descriptive Trademark Failure to file
    False specifications
    of goods or services
    DOCUMENTS REQUIRED

    Following documents are required for Trademark Objection

    Trademark Power of
    Receipt Attorney
    TM OBJECTION COST BREAKWDOWN

    Break down includes all Govt. Fees + Taxes

    Reply Filing Free

    Professional Fees Rs 1,372

    Goods & Services Tax Rs 472

    Total Cost Rs 2,799

    * Stamp duty Extra for States: Punjab, Kerala, Madhya Pradesh


    * Charges extra for NRI/Foreign Directors
    PRICING

    Intellectual property are the rights provided by law for the exclusive use of
    creations of the mind. It includes Copyrights, Trademarks and Patents.

    TRAEMARK TRAEMARK TRAEMARK


    FILING OBJECTION RENEWAL

    6,299 2,799 10,499


    includes govt fees & taxes includes govt fees & taxes includes govt fees & taxes

    Check TM Availability Objection Filing Trademark Renewal

    File Trademark Objection Interview 2 Partners

    Update TM Status Objection Clearance Low Compliances

    LEARN MORE LEARN MORE LEARN MORE


    OBJECTION TIME LINE

    The Trademark Objection Filing process take about 3-5 working days

    1-2 working Days


    Drafting of Reply

    2 Working Days
    Reply Filing
    FREQUENTLY ASKED QUESTIONS

    Is Trademark Objection and Trademark Opposition same?


    No, objection and opposition are different, having different
    proceedings. Objection is initiated by the trademark examiner,
    rather opposition is initiated by a third party.

    What is the time limit to reply to the Objection of a


    Trademark?
    Reply to a trademark objection must be filed within 30 days
    from the date of publication of the examination report.

    Why is it important to file Trademark Objection Reply?


    A reply is filed to waive any objections, by enumerating the
    reasons, facts and evidence against such trademark objection.
    CONTACT
    INFORMATION

    info@quickcompany.in
    011-395-95858

    www.quickcompany.in

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