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Brand Logo
Examination report
Supporting proof of Logo ownership
Certificate of Incorporation of company/LLP or Partnership Deed in case of partnership
KYC of Authorized signatory namely director/partner/proprietor
Trademark provides a unique identification to the brand and makes it different from other products available in the market. Once applicant files its application for a trademark, the trademark examiner after examining the application, can object the application. Even, an objection may be raised by a third party to such application. While filing the objection, such third party must include the grounds upon which it is objecting the trademark application. The examiner will provide the applicant due opportunity to defend his application as per the process laid out under the Act. When such objection is raised, the status of the trademark in the Indian Trademark Registry will be marked as “Objected”
A trademark application can face objection for any of the following reasons:
Brand Logo
Examination report
Supporting proof of Logo ownership
Certificate of Incorporation of company/LLP or Partnership Deed in case of partnership
KYC of Authorized signatory namely director/partner/proprietor
The following are the steps to file a response in the event of a trademark objection:
Step 1: Analyzing Trademark Objection
The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response
Step 2: Drafting Of Trademark Objection Response
The next step is to draft a trademark reply which should include the following:
Step 3: Trademark Hearing
If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and the same will be notified with a notice
Step 4: Publication in the Trademark Journal
If the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal
In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed
Step 5: Registration
Once your trademark is published in the Trademark Journal, it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and the Registration Certification is issued. If an objection is filed the opposition proceedings will take place as per the prescribed rules of the law
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