What happens if an objection is raised on a trademark?

Once the counter is filed, the Registrar may call for a hearing if he rules in favour of the applicant the trademark will be registered. If he rules in favour of the opposing party, the trademark will be removed from the Journal and the application for registration will be rejected.

What to do after trademarking an objection?

What to do for “Objected” status of mark? Once objection is raised by the trademark examiner, you must file the reply within 30 days to avoid the trademark being ruined or we should say abandoned. Hence, kindly track the trademark status from time to time to avoid the Trademark being abandoned.

What if my trademark application is opposed?

Section 21 of the Trademarks Act 1999 clearly elucidates about opposition. If a mark gets opposed and the status of the mark reflects so, the Trademark Office would then send a copy of the written notice of opposition from the third party to the applicant/applicant’s agent.

What is the meaning of trademark application status objected?

The term ‘objected’ implies that the particular trademark application has been examined and a report generated as well, laying down the objections against the registrability of the mark. Once a trademark application is filed, the first step in its journey to registration would be examination of the said trademark.

How do you raise a trademark objection?

To raise a Trademark Objection

1. The examiner, public or third party can file an opposition within four months.
2. The status of the application will be change to Opposed.
3. The grounds of opposition is stated.
4. After this, notice the applicant about the opposition, and the grounds stated.

How do you know if a trademark is objection?

1. Step 1: visit www.ipindia.nic.in.
2. Step 2: Click on Trademark Bar available on page.
3. Step 3: Click on related links bar present under dropdown menu appearing.
4. Step 4: Click on Trademark Status.
5. This page will appear once you click at Trademark Status.

How do you respond to a trademark objection online?

Reply to Trademark Examination Report

1. The response for an objection in the trademark examination report can be submitted by the applicant or by an agent who the trademark applicant authorizes.
2. This reply can be submitted online through the trademark office website or even in person or by post.

How do you fight a trademark opposition?

Within the four months post publication of the mark the Trademarks Journal (advertisement), any person can oppose a trademark by filing a Notice of Opposition by way of Form TM-O along with the prescribed fee.

What is the difference between objected and opposed?

Trademark objection is the objection raised by the Examiner of Trademarks whereas Trademark opposition is an opposition proceedings initiate by the third party. The third party here means any person present in public that may have objection towards the acceptance of your mark.

What is the difference between opposed and objected in trademark?

Basic difference to be noted is trademark objections will be raised by the trademark examiner whereas the trademark opposition will be raised by the third party. The third party may be any person in the public who have an objection towards your mark in any of the ways.

How do you find the objection of a trademark?

Exclusive pricing for trademark applications filed by IndiaFilings. Inclusive of filing fee and taxes. Drafting and filing of reply for objection raised by Trademark Examiner with fresh Form-48. For trademark applications filed by third-parties.