Trademark Objection
Expert Solutions for Protecting Your Distinctive Brand in India
Trademark objection is a formal objection raised by a trademark examiner during the trademark registration process. When you file a trademark application with the relevant trademark authority, the trademark examiner will review the application to ensure that it meets all legal requirements for registration. If the examiner finds any issue with the trademark application, they may issue an objection notice. This notice will outline the grounds for objection and may require the applicant to provide additional information or clarification about the trademark. Common grounds for trademark objection include similarity to an existing trademark, lack of distinctiveness, or descriptive or generic words used in the trademark. The purpose of the objection process is to ensure that only distinctive and protectable trademarks are registered, and that consumers are not confused by similar trademarks.It is important to respond to a trademark objection notice within the required timeframe, usually within a few months. Failure to respond may result in the trademark application being abandoned.
WHO CAN APPLY: -
ANY person or entity who believes that a trademark application is conflicting with their existing trademark rights can apply for a trademark opposition. The opposition is filed with the trademark office to prevent the registration of the conflicting trademark.
DOCUMENT REQUIRED: –
- Notice of Opposition: A formal written statement outlining the grounds for opposing the trademark application.
- Evidence of Existing Trademark Rights: Documents or evidence proving the opponent’s prior rights to the conflicting trademark.
- Proof of Use: Evidence of the opponent’s use of the trademark in commerce, if applicable.
- Power of Attorney: If the opposition is filed through an attorney or representative, a power of attorney document may be required.