RandL Legal Services Pvt. Ltd.

Intellectual Property /Trademark Objection

Trademark Objection refers to the stage in the trademark registration process where an objection is raised by the Trademarks Registry or a third party against the registration of a trademark. It is crucial to address objections promptly and effectively to secure trademark rights and protect your brand in India.

INTELLECTUAL PROPERTY

Trademark Objection

Understanding the Objection Notice

Carefully analyze the objection notice received from the Trademarks Registry or the opposing party. Understand the grounds of objection and the specific issues raised regarding your trademark application.

Legal Assessment and Response Preparation

Seek professional legal assistance to evaluate the objection and formulate a strong response. Assess the validity of the objection, gather supporting evidence, and prepare a well-reasoned response to overcome the objection.

Evidence Submission and Arguments

Compile relevant evidence, such as proof of prior use, distinctiveness, and acquired reputation of your trademark. Craft persuasive arguments to address the objections raised, emphasizing the uniqueness and non-infringing nature of your mark.

Registry Hearings and Proceedings

Attend hearings, if required, before the Trademarks Registry to present your case and counter the objections. Engage legal representation to effectively advocate for your trademark and negotiate a favorable resolution.

Final Decision and Resolution

Based on the response and arguments presented, the Trademarks Registry will make a decision regarding the objection. If successful, your trademark will proceed towards registration, securing your exclusive rights.

Faq

Common grounds for trademark objections include similarity to existing trademarks, lack of distinctiveness, deceptive marks, violation of public order or morality, and non-compliance with legal requirements.
While it is possible to file a response independently, seeking professional legal assistance is highly recommended. Legal experts understand the complexities of trademark law and can present a stronger case.
Failure to respond to a trademark objection can lead to the abandonment of your trademark application. It is essential to address objections within the specified time frame to avoid rejection.
Yes, if your trademark application is rejected due to an objection, you can file an appeal with the Intellectual Property Appellate Board (IPAB) within the prescribed time limit.
In some cases, negotiation and discussions with the opposing party or the Trademarks Registry may lead to a resolution. It is advisable to explore amicable solutions to avoid lengthy legal proceedings.
Yes, you can continue using your trademark during the objection period. However, it is essential to monitor the status of your application and respond to objections promptly to secure long-term rights.

Our simplified process

01Objection Evaluation

Our experts thoroughly examine the objection notice and assess the grounds raised against your trademark application.

02Response Strategy and Preparation

We devise a comprehensive response strategy, gathering relevant evidence and crafting compelling arguments to overcome the objections effectively.

03Professional Representation

Our experienced legal team represents you during hearings and proceedings, advocating for your trademark and negotiating favorable outcomes.

04Resolution and Registration

Through diligent efforts and robust defense, we aim to resolve the objections favorably. Once the objections are addressed, and the Trademarks Registry is satisfied, your trademark will proceed towards registration, securing your exclusive rights.

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