Online Trademark Objection Filing
File your Trademark Objection Reply with LEGALDISHA.
Pay just Rs. 99 and remaining payment when documentation begins.
File your Trademark Objection Reply with LEGALDISHA.
Pay just Rs. 99 and remaining payment when documentation begins.
IN CASE APPLICATION FILED BY LEGALDISHA
Free Consultation with TM expert
?Get free consultation from our highly experienced experts in regard to TM Objection.
Drafting and filing of TM objection
?Our drafting experts will draft the reply against the TM objection received and speedy filing of TM objection reply.
Tracking & updates of trademark status
?Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA.
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
IN CASE APPLICATION NOT FILED BY LEGALDISHA
Free Consultation with TM expert
?Get free consultation from our highly experienced experts in regard to TM Objection.
Drafting and filing of TM objection
?Our drafting experts will draft the reply against the TM objection received and speedy filing of TM objection reply.
Fresh Form TM-48
?Before filing trademark objection reply Power of Attorney (POA) or Form TM-48 is required to be executed in the name of trademark agent and duly stamped & notarized POA provided by applicant.
Filing of TM-M
?For the purpose of changing authorized trademark agent TM-M is filed.
Tracking & updates of trademark status
?Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA.
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
Additional Documents required as evidence (if any).
Self-attested Aadhar Card & Self Attested Pan Card of authorized Person.
Self-attested address proof for confirmation of address.
Examination report received from TM registry or application number.
Duly signed, stamped & notarized by the applicant.
User affidavit duly stamped & notarized by applicant.(If any)
Additional Document required as evidence to the reply made.(if any)
1. Fill the form and make the payment.
2. After receipt of payment our experts will connect to you regarding objection reply.
3. Drafting and filing of objection reply.
4. Delivery of acknowledgement of objection reply filed to you.
Trademark objection is because of the ground of objection raised by the examiner which are likely to be same nature and quality and description of goods may be similar and may create duplicity in the minds of customers. Trademark objection is raised under section 11 or section 9 of the act or can be any condition /restriction /requirement raised by the examiner.
In case your online application for trademark registration is objected by the trademark examiner, we will file reply to such in accordance with certain guidelines and procedures. After reply is filed, the trademark officer might accept or even schedule for trademark hearing. In case trademark is not objected by examiner then it will get accepted by registry.
On submitting the reply to the notice, a Show cause Hearing date may be allotted to the applicant for presenting submit arguments and the proof of use for registration of the mark before the Registrar of Trademarks.
After the trademark application is accepted by the registry, then it will be publish in the trademark journal for period of 4 months.
During the period of 4 month of trademark publishment in the journal, the general public is having right to oppose the brand and if during that period, trademark is not opposed by anyone then it will be registered.
Once the trademark is registered, the trademark registration certificate shall be provided by registry through online mode. After receiving certificate of registration, the applicant is having right to use ® with their brand or logo.
The registered trademark shall be valid for the period of 10 years, which can be renew before expiry of ten years by applicant.
If the reply to examination report is not filled by the applicant within the prescribed time of 30 days, then the status of application shall get abandoned and may result into removal of applicant mark.
Intellectual property right provides exclusive rights to owner of business and brand value which is created the owner of the business will have enforceable right for it if the brand name is registered as trademark and trademark registration certificate has been obtained for the said brand. Trademark can be applied in any form such as wordmark, logo, Punch line or tagline. With the help of trademark, we distinguish the rights of the brand name.
Trademark objection is raised by the examiner because of the ground of objection which are likely to be same nature and quality and description of goods may be similar and may create duplicity in the minds of customer. Once the objection is raised reply for trademark objection is to be filled such that if it is acceptable the after hearing notice if gets advertised. It is likely that objection have been raised by the examiner as it is very commonly issued.
Following documents are required for filing trademark objection
Trademark classification in India is the key element for the trademark registration that the trademark relates to which class of goods or services. Class under which the goods or services falls will be correctly guided by us. Trademark registry classifies goods and services into 45 classes.
Following is the process of filling objection reply:
Trademark Opposition is raised by the Registered user having either a registered mark or may create confusion in the mind of customer. It is raised in the later phase after the acceptance of the trademark and after publication of that in the trademark journal. Trademark objection report is raised by the examiner of the Trademark Registry if the mark is in resemblance of any registered mark and objection is raised just after the application is submitted by the applicant after filling reply to trademark objection, application gets accepted.
™ is the sign which is used for application have been filled and is in process and ® is used when trademark is registered and registration certificate is obtained.
If the reply is not filled than the status of application will be abandoned and may result into removal of applicant mark.
Reply is to be filled within thirty days of receipt of examination report.
Applicant should file reply for trademark objection because-
The e-form MIS-R is filed for filing objection reply.
Yes, the applicant is eligible to file the reply to the examiner of objection reply as long as the trademark objection status is shown. But, the due date must be taken seriously.
No, there is no requirement to pay government fees for filing trademark objection reply.
No, applicant is not required to present physically for filing of reply to trademark objection, LegalDisha.com provides you one stop platform for filing all your trademark application and reply online.
BASIS OF DIFFERENCE | TRADEMARK | COPYRIGHT | DESIGN | PROVISIONAL PATENT | PERMANENT PATENT |
|---|---|---|---|---|---|
| PROTECTION | Brands It can include brand name, logo, symbol, slogans, image which identify the business/brand and differentiate it from others. |
Creative or Intellectual It includes Protection of original creative works like Books, Articles, Music, Movies, sound recording, choreography, Photographs, painting, drawing, maps, Sculptures, motion pictures, software etc. |
Appearance of Products It includes protection of Feature of pattern, shape, ornaments, configuration, composition of lines, or colours applied to any article, packaging and graphic symbols. |
Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement. |
Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
|
| PROTECTION VALIDITY | 10 Years + Renewal Valid for 10 years renewed after expiry of every 10 years. |
Lifetime + 60 Years Valid lifetime of the author and even 60 years after the death of the author. |
10 Years Valid for 10 years from the date of its registration.
|
1 Year
|
20 Years Validity of Patent is for 20 years from the day the application is first made and it can’t be renewed. |
| EXCLUSIVE RIGHTS OF OWNER | Brand w.r.t. Product
|
Distribution of Copies & Perform Work Publicly
|
Authority to Use, It gives authority to Use, sell, make, offer for sell, import the
registered design. |
Protection From Protect from copy of the invention or infringement of Patent.
|
Authority to Use, Provide right to Use, sell, import, make with patented idea. |
| APPLICANTS | Businesses Application made by business owners or owners of product.
|
Artists, Creative Artists, Author, Choreographers, Creative Professionals, Architect.
|
Designer Creator of design.
|
Inventor Many inventors/businesses who wish to patent their inventions even |
Inventor Application by Inventors and designers who invented any original invention or with improved function. |
| SYMBOLS ASSOCIATED | TM & ® TM – Registration
under process. ® – Registered Trademark. |
© © is the symbol of
copyright. |
NA No symbol to represent Design.
|
NA
|
NA No symbol represent registered Patent.
|
| EXAMPLE | Brand’ “Apple ”, Logos Puma, Dairy Milk, Coca Cola etc. are |
A Copyrighted Book Music, pictures, songs, |
Ornaments Packaging and shape, graphic symbols, |
Technology Inventions in |
Technology
|
| TIME TAKEN | 12-18 Months It takes 12-18 months to complete the process. |
4-8 Months It takes nearly 4-8 months to get a copyright.
(Without objection) Otherwise nearly 1-2 years. |
Prescribed As per the Design Act, 2000 and rules made there under. |
2-3 Years
|
2-3 Years
|
| TERRITORIAL REACH | Territorial Right Only effective in India and Separate
application has to file for protection in different countries. |
Most of Countries Available in most of the countries of the world.
|
Territorial Right Design protection is obtained by filing an
application in each country/region of interest. |
Territorial Right It is applicable within the territory of India and separate patents
application to be filed for each country. |
Territorial Right It is applicable within
the territory of India and separate patents application to be filed for each country. |
| GOVERNING BODY | CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
Copyright Office Governed by Copyright Office, Government of India.
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
|
