Trademark Objection Reply | Trademark Opposition Process in Chennai
The trademark opposition process in chennai is a crucial process. A trademark can be defined as a unique identity that sets your product or service apart from the rest. Unique identities or expressions can be logos, photographs, slogans, words, sounds, smells, colour combinations or graphics. Most of the business usually looks for logos or name registrations. If you come up with a unique idea or logo, then the only way to protect it as your own unique identity is to register it as a trademark. A registered trademark is the intellectual property or intangible property of your business. It acts as a protective cover for a company’s investment in a logo or brand.
In India, the regulators of trademarks, patents, designs and trademarks are registered by the Ministry of Industry and Commerce, Government of India. You can register a trademark under an act called the Trademark Act, 1999. Registration provides the right to sue others who try to copy your trademark. Also, no one else will be able to use the same trademark for a registered person. Once you register a trademark, you can use the R symbol with it, and it will be valid for 10 years from the date of registration. You can easily get within 3 days. But, to get, it takes 2 years. If the trademark registration in chennai is nearing an expiration date, you can always re-register it for another ten years.
Trademark objection reply
Trademark registration is one of the early stages of the trademark registration process in chennai where a trademark examiner objects to your application for a number of reasons. It does not directly reject your claim, but seeks proper reasons or clarification about the registrar mark and its registrability. It gives the applicant an opportunity to explain how the said trademark fits the criteria for obtaining a valid registration.
1. Contains incomplete / incorrect information
2. Similar trademarks already exist
Let’s first discuss the trademark objections raised due to errors in the application:
No trademark application must be complete and without any errors or misinformation. If there is any incorrect information, such as, wrong applicant’s name, place of business, etc. It is likely to attract objections.
1. Incorrect details in trademark form
If the applicant’s name, location, or other information in the trademark application is incorrect, it may be a trademark objection reply.
2. Incorrect filing of trademark form
The examiner may object if the trademark application is filed in the wrong form. If your trademark application is filed by a trademark attorney or agent, the form TM-filed must be filed and attached to the trademark application.
Now, let’s examine the grounds on which the examiner may object
Trademark application filing in chennai may be challenged under more than one ground for refusal. Below are some grounds on which the examiner may object to trademark registration:
The grounds for refusal of TM application can be divided into two parts
- Absolute reasons for ref refusal – refer to the inability of the mark or to represent in a specific way
- Relevant grounds for ref denial – always associated with previous trademarks and their respective rights.
1. Misleading marks
Any source that may cause suspicion among customers related to its source will not be able to get registration if the same mark is already present
Example of a deceptively similar sign
Any trademark that confuses or misleads people is a sign of fraud. It can be about the actual source / description of the product between the related goods or services, its use, quality and character.
2. Lack of specificity
If a sign lacks uniqueness, it creates confusion and does not help the customer identify the goods or services; it will not be protected under the trademark.
3. Existence of a common trademark
An already registered trademark will be challenged when your mark is the same. There are plenty of trademark defence lessons to learn from famous brands where you find yourself using a similar mark. The key is not to confuse people.
4. Wrong specifications of goods or services
It is wrong to file a trademark application under the wrong category or false description. This can lead to objections.
5. Offensive or obscene words as part of or as part of a trademark
Any sign with obscene or offensive words or images as part of a trademark may be denied.
Trademark Opposition filing in chennai
An ‘anti-trademark’ is an objection filed by a third party against the registration of a trademark within 4 months of opposition to the advertisement of the trademark. Anyone, natural or legal, can file a protest in the registry. This includes any individual (s), companies, partnership firms and trusts (s). Notably, the protesting person does not need to have any commercial interest in the matter or have a previously registered trademark in the registry.
The following are the grounds for filing a protest
Marks that are not free of any specific characteristic or include indications that may serve in the trade to determine quality, quantity, intended purpose, values, geographical origin, or time of manufacture.
These marks will deceive or confuse people. This includes any mark that may be identified with a pre-registered trademark or has become a trademark registration in coimbatore of the trade.
This sign includes things that hurt the religious sentiments of any class or people.
Icon is prohibited under the Symbols and Names Act, 1950.
The protest steps are as follows:
Steps to file an trademark opposition in chennai
Filing a notice of objection: Anyone wishing to file a notice is required to mention the relevant specifications, details of the opposing petition, details of the opposing party and the reasons of the opposing party. Such notice must be filed within 4 months of the announcement of the mark. If the registry is satisfied with the notice, it will provide a copy to the concerned applicant. The applicant will have 2 months from the date of receipt of the notice to file a counterstatement or the registry will consider the logo registration in chennai application to be discarded.
Filling of Evidence: After receiving a copy of the respondent, the respondent is required to submit evidence by affidavit within 2 months from the date of response (which is extended to 1 month). If the opponent fails to do so, the protest will be dismissed and the application may proceed to registration. Similarly, the applicant is also provided 2 months to file the same evidence in the Registrar. The Registrar, upon request, may extend the period of filing up to 1 month. If the applicant does not wish to present any evidence and instead wishes to rely on the facts already stated in the counter statement, the Registrar and the respondent should be informed in writing. If necessary, the parties may later submit additional evidence.
Hearing of the parties: Upon completion of the evidence stage, the tribunal produces a notice of hearing in which the date of hearing of the parties will be specified. Such a hearing must be sent by the Registrar at least 1 month before the date of the first hearing. Within 14 days of receipt of such notice, anyone wishing to attend will be notified by submitting it to the concerned Registrar. Any party that fails to do so is not deemed willing to be heard and may proceed accordingly. After hearing the opponent and the applicant, the registrar is responsible for determining whether the trademark opposition process in chennai respective application has been rejected or the objection dismissed.