Trademark Objection

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Trademark Objection

After filing a trademark application, the trademark officials specifically trademark examiners, analyse the application and carry out their own search. After conducting their search they write down their opinions about the brand name, mainly point out the reasons why the applied brand name shall not be registered. All these objections along with relevant trademark provisions are stated in Trademark Examination Report. These objections must be replied by the applicant within one month from the date of receipt of the examination report. This reply is generally known as trademark examination reply.

It is always advisable that applicant of the trademark hire an attorney for drafting a reply as they are better experienced with relevant trademark laws and case laws that are pertinent to file the reply efficiently.

Trademark Objection Process

Frequently Asked Question

  • What should I do when my TM is "Objected"?

    The status is shown to be as "Objected" when the Examiner raises some objections regarding the registrability of the trademark. The examination report citing the objections can be viewed in the Trade Mark Registry website. In order to overcome the objections, a written response needs to be filed with the Trade Mark Registry within one month from the date of receipt of examination report, failing which the trademark application may be treated as abandoned by the Registry. If the Examiner is not convinced with the written response, a hearing is posted for allowing arguments to be put forth in person.

  • What is the difference between Trademark Objection and Trademark Opposition?

    A trademark opposition means that a party can stop another party from using their brand, product or service mark, whereas a trademark objection is given by the examiner itself and not by any third party.

  • How to avoid Trademark Objection?

    To avoid Trademark Objection, you need to select a proper trademark and for that keep in concern the following points:

    • In-depth research of the existing trademarks and thorough study of the database of trademarks.
    • Thinking of out-of-the-box, innovative, creative fancy and arbitrary mark which strikes consumers and potential customers.
    • Avoiding deceptive, disparaging and offensive language.
    • You can also take the advice of the trademark attorney and consult the Trademark Manual of Examination Procedure (TMEP) for further help.
    • Also, the trademark should give the feel of the quality product and a visible outpost of the company.
  • Do I have to hire an attorney when filing for Trademark Objection?

    A trademark application can be filed by your own. Attorney’s are needed for complex cases that might arise after you file your trademark. Trademark is a simple thing to file and hence, you can even file the trademark application online to save time and money. Also, you can even start the trademark process by using online services and then later on switch to trademark attorneys, if needed.