A Trademark is given to a particular product or service in order to distinguish it from other products or services. It gives an exclusive right to its owner to use the mark and prevent other person to use the same mark for their products and services.
It is very important to register the Trademark so that no one else can use the same Trademark. In the Process of registration, two instances can come up due to which the registration of trademark can get refused.
First one is, Objection and Second is, Opposition.
Trademark objection is when the examiner of Trademarks raised the objection against the Trademark.
And when the third party opposed the Trademark, it is known as trademark opposition.
In the Indian Trademark registry of the Trademark status shows as ‘Objected’ that means, registrar or the examiner has raised one or more objections in the examination report.
After the examination of the Trademark objection or Trademark Objection Reply online India, Objection may be raised by the registrar/examiner under Section 9 and Section 11 of the Trade marks Act
According to Section 9, when the registrar/examiner considers the trade Mark to be descriptive of goods/generic/laudatory/indicating quality or nature of goods.
Section 11 of Trademark Objection is made by the registrar, if there is any identical/similar Trademark in respect of identical/similar goods or services already on record in the Trademark mark registry.
When the Trademark status is objected or Trademark Status Objected India online, it is important that a response should be filed within one month from the date of receipt of the hard copy of the notice. An effective argument must be put forward to overcome the Objection.
If the response is not filed in the stipulated time, the Trademark application will get rejected.
In order to overcome the Objection the person must have to show that the Trademark is different from the other exciting Trademarks. The reply must contain the reasons, facts and evidence in their favor.
The objection reply can be submitted online and then an acknowledgement receipt of the reply will be given to the applicant.
If the Trademark examiner finds the reply sufficient, he would allow the Trademark to be published in the journal.
If the examiner is not satisfied with the response he can refuse the registration of the Trademark.
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