Rectification is the legal procedure to correct (rectify) an error or an Fault that has been made in the details of a trade mark as recorded in the Trade Marks Register. Removal of the mark from the trademark register unless proper evidence of usage is submitted by the trademark owner.
Trademark Objection Filing Services in Purnea, Bihar
Trademark objection is one of the initial steps in the trademark registration process. Trademark objection does not mean outright denial, instead, the trademark registrar seeks a valid reason or explanation regarding the mark and registration. Avyud Consultancy is a well-known business platform and a progressive concept, helping clients in India and abroad with end-to-end incorporation, compliance, advisory and management consultancy services. Securing a Registered Trademark with Avyud Consultancy is easy, seamless, cheap and fast! Apart from trademark registration, Avyud Consultancy also helps you in trademark objection filing, draft trademark objection answer sheet, trademark renewal, trademark assignment, trademark clearance, trademark protest and trademark reform services. Contact Avyud Consultancy for Trademark Objection and Trademark Objection Answer.
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Benefits of Filing Trademark Objection
There are lots of advantages available for filing a trademark objection. This can includes the two different steps such as likely clearance and brand protection.
Likely Clearance
If you are respond to the clearance evidence based on the distinctiveness of you are trademark, the chance to chance that you are application can be cleared is very high. So that, there is no reason for you are application or form is to abandon due to the Trademark Objection. The register can only required the clarification.
Brand Protection
At the time of the objection, you should have using the TM symbol for the few months. You are customers should have the likely to become the accustomed for the name of the brand. For filing a trademark objection application neither should nor create the business sense. Instead of, you would easily find a list of the reasons you are slogan, brand name and logo are different.
The trademark objection filing includes plenty of advantages. Our dedicated team is available for all the time; they are waiting to help you at any kind of the situation. The charges are consumed based on the complexity of the case. Otherwise, the quality of the service is excellent for our company.
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How to File a Trademark Objection Reply in India?
Filing a Trademark objection reply is mandatory otherwise you shall loose the brand protection. The process of filing the trademark objection reply in India is as follows:
Study the Objection Ground Carefully: The primary step is to understand the grounds of the trademark objection properly because mistake in understanding the objection concept may lead to wrong filing of trademark objection reply. therefore, be cautious in understanding.
Prepare the Trademark Reply: The second step is to finalize the prepared draft reply with the accused party. Drafting the trademark reply requires the special skill and hence should be given to the respective expert like lawyers, attorneys etc.
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FAQs for Trademark Objection Filing Services
Why is there a Trademark Objection?
The Trade Marks Office can, for several reasons, have objections to your trademark application. This perhaps because the word and logo is too similar to an existing trademark, because it could hurt religious sentiments or if it is likely to cause confusion, among several other reasons. You must file your response to this objection within a month from when the Examination Report has been published online. If it has been sent to you or your lawyer, then a month from when it was received. If you don’t, the Registrar could abandon the application altogether.
Why Respond to a Trademark Objection?
Likely Clearance
If you respond with clear evidence regarding the distinctiveness of your trademark, the chance that your application will be cleared is high. So there’s no reason for your application to be abandoned just because of the objection. The Registrar may only need a clarification.
Brand Protection
By the time of the objection, you would have been using the ™ symbol for a few months. Your customers would have likely become accustomed to the brand name. Filing a new application would not make business sense. Instead, you could simply identify the list of reasons your logo, slogan or brand name are different.
Trademark Objections
When a trademark application is received by an examiner, He or she has to verify if the application can be allowed to be registered. In general, examiners would look into the following aspects
- Information and Format – They will check if the application has been filed in the correct form, if all the relevant details are included and if the specification of goods/services mentioned fall under the appropriate class and are clear enough.
- Absolute Grounds – The next aspect examiners look into, is to see if the trademark is distinct and if it does not describe the goods. A trademark if granted gives the owner an exclusive right to use the mark, so they have to make sure that it doesn’t indicate the goods, and that it is not common to the trade (If a baker got the trademark “bakery” or “baker” registered, no other baker would be able to operate)
- Relative Grounds – The examiners look into whether there are any identical or similar trademarks in the class that the mark has been applied for or any related classes.
- Conditions – Finally the examiners have to decide whether or not to impose any restrictions or conditions on the trademark. This can be imposing a disclaimer so that a descriptive or common word is not granted exclusive protection to the owner.
What Arguments Can a Party State for Opposition?
An opposing view can be split into two categories; absolute grounds and relative grounds. An absolute ground is when a company opposes the trademark due to defects in the mark itself.
When the trademark describes the product and/or service
- It is generic of the goods/services
- It is not distinctive to that brand/Fraud
A relative ground covers any argument based on the fact that the trademark would cause conflict with an already established mark, which belongs to the Opposer. The most common of which are:
- Confusion between the brands
- Bad faith
- Name use
- Known mark
It is important to remember that anyone can oppose the rights to a new trademark based on absolute grounds, but only the holder of a prior mark, to which the new mark would cause conflict, can oppose on relative grounds.
Trademarks Offer Identification
- Trademarks are unique so that goods or companies can be identified. A trademark defines a company and protects consumers from being misled to work with reputable companies.
- Trademarks also help consumers identify a source. This identification allows consumers to make value judgement about products before they purchase them.
What is Trademark Registration?
Trademark registration is a legal process provided under the Trade Marks Act, 1999. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using it.
What can be Registered as a Trademark?
A phrase, word, symbol, device, or even a color is eligible for trademark. Whatever sets your party or company item apart from another is worthy. However, the item must be used in a business setting to receive protection from the law. Trademarks have a protection period of 10 years.
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Trademark Opposition
Everybody know a lot about Trademark Registration, now it’s also important to know about what may happen after trademark registration in India. Let us understand the concept of opposition, generally opposition as the name suggest means the act to register a disagreement with something.
Trademark Renewal
Registered trademarks have a 10-year legitimacy and can be reestablished inconclusively. Regardless of whether you’ve overlooked, as even vast associations have a tendency to do, you will be sent a notice to the enlisted address with respect to the expiry before the a half year is up.
