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T&C*Terms & Condition*
- Total payment may vary depending on government fees and the entity of the company.
- Downtime on the government portal may cause work delays.
- Documents should be appropriate as per the requirements.
- Documents must be provided in time to avoid delay.
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Trademark Objection
Don’t let objections stop your brand — respond professionally and secure your trademark.
A Trademark Objection is an initial hurdle in the trademark registration process where the Trademark Examiner raises concerns regarding your application after reviewing it. This does not mean your application is rejected, but it requires a timely and well-drafted reply to proceed further.
Objections are issued under Section 9 (lack of distinctiveness) or Section 11 (similarity with existing marks) of the Trade Marks Act, 1999. Prompt and strategic handling of the objection can help safeguard your brand rights and resume the registration process.
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A trademark objection is a formal objection raised by the trademark office during the examination process of a trademark application. It occurs when the trademark examiner identifies issues with the application, such as similarity to existing trademarks, lack of distinctiveness, or failure to meet legal requirements.
Common reasons for trademark objections include similarity to existing trademarks in the same or related classes, lack of distinctiveness or descriptive nature of the trademark, violation of public morality or deceptive elements in the trademark, and failure to comply with legal formalities or documentation requirements.
If the trademark objection is not adequately addressed within the specified timeframe or if the trademark examiner is not satisfied with the response provided by the applicant, the trademark application may be abandoned or refused. The applicant may lose the opportunity to register the trademark and may need to reapply or pursue other legal avenues to protect their trademark rights.
es, trademark objections can be challenged through various legal avenues, such as filing a formal appeal or review petition with the trademark office, seeking mediation or negotiation with the objecting party, or initiating legal proceedings before the Intellectual Property Appellate Board (IPAB) or the courts. It is essential to seek legal advice and assistance to navigate the process effectively.