Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons.
Trademark objection happens to be one of the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial; instead, the trademark registrar seeks a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.
In the event of a trademark objection, a comprehensive reply needs to be filed within a month from the objection's date of issuance.
There are several reasons for Trademark objections like similarity with an existing trademark, offensive trademarks, absence of uniqueness, etc. Often, during the trademark registration process, the registrar raises objections to the applied trademark if it violates the trademark registration rules and laws.
Filing reply to examination report is mandatory to reach the next stage of the registration process. Failure in filing the reply to trademark objection report within a month from the date of dispatch of the said report would lead to the abandonment of the whole TM application.
The Trademark objection reply letter provides the opportunity to present the ground as to why the applicant is entitled to get his/her mark registered. With written reply to the report, one put can put forward the arguments on how the objections are not applicable to the TM application and show the mark’s distinctive features.
1. Power of Attorney
2. Reply to Examination Report
3. Documentary proof of Trademark in commercial use which includes invoices, letterheads and communications, visiting cards, screenshots of websites, brochures, financial statements and all other evidences where trademark is being used.
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