Trademark Objection

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Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and issue an Examination Report. 

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Procedure For Trademark Objection - Submitting Reply

Once a trademark registration application is submitted and examined by a Trademark Officer, a trademark examination report is sent to the trademark applicant or the person authorised by the trademark applicant. The trademark examination report is also put up on the trademark office website along with details of the trademark application. The applicant or the authorised agent then has a chance to submit a reply to the trademark examination report with a rebuttal, if there is an objection by the trademark examiner. The response is then considered, and if the objections can be waived on the basis of the applicant’s response, the trademark application is accepted for registration, and the trademark is published in the trademark journal.

The response to an objection in a trademark examination report can be submitted by the trademark applicant or by an agent authorised by the trademark applicant as the “Reply to Examination Report”. The response can be submitted online through the trademark office website or could also be submitted by person or post. Any affidavit and supporting documents should also be submitted along with the Reply to Examination Report.

In case of objections as to formality requirement(s), the trademark applicant should comply with the requirements as desired by the office. For example, if the trademark office has called for consent of a person whose portrait appears on the trademark, the trademark applicant may submit the consent from the person in writing with supporting documents or state that portrait appearing on the trademark is not of a particular person, but is a general picture of a man or woman.

In case of objection due to the goods or services mentioned in the application do not fall in the correct trademark class, the trademark applicant may file a request for correcting the class or state that as per classification of goods or services published by the Registrar, goods or services have been rightly classified.

In case of objection to the effect that some goods or services mentioned in the application do not fall in the class, the applicant may file a request for amendment of the application by deleting items that do not fall in the relevant class. The applicant can also state that as per the classification of goods or services published by the Registrar, all items fall in the class mentioned in the application.

It is important to get proper legal advice as to the correct classification of goods and service, prior to submitting a Reply to Examination Report for objection as to the wrong classification of trademark class.

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Documents Required

Pan Card

PAN Card of shareholders and Directors. Foreign nationals must provide a valid passport.

Identity Proof

Aadhar card | Voter ID | Passport | Driving License of Shareholders and Directors.

Address Proof

Latest Telephone Bill | Electricity Bill | Bank Statement | Gas/Water Bill of Shareholders and Directors

Photograph

Latest Passport size Color photograph of Shareholders and Directors.

Registered office Proof

Latest Electricity Bill | Telephone Bill/Water/Gas Bill of the registered office address

NOC from owner

No Objection Certificate to be obtained from the owner(s) of registered office

Rent Agreement

If Property is taken on Rent, then rent agreement required. Agreement must be notarized.

For NRI

All the documents must be apostilled(if applicable) and notarized.

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