Articles

How to file a notice for Trademark objection?

by Gaurav Bansal Company Registration Consultants in Delhi
If you have even a slightest doubt that your trademark is being used by another, or a trademark is somehow counter to your religious beliefs or damaging to you in some way, you can file a notice for trademark objection.
While the reasons are already given as why you would want to do that, the legal system of India mentioned the following absolute reasons for which such a notice is considered to be valid:

1.The descriptiveness of the trademark:  A trademark should be able to describe the cause and the function for the company properly. If an opposing party thinks that the trademark has been described in the wrong way, they have the reason to oppose it.

2. If the trademark is generic: People tend to incline towards the most commonly used phrases and symbols when it comes to trademark. They do it to 1) Get more relevancies in the markets and 2) To drive maximum traffic to the site. However, most of the generic ones have already been taken. Therefore, if someone tries to trademark “Bluray”, you can definitely chime in and pose an objection.

3.Fraud:
If you get even the slightest inkling that the trademark has been in already in usage or point out any sort of fraud, you can post an objection.
 
There are some relative reasons as well, but that is the topic for another day. For now let us go through the objection process:

1.  First, you will have to gather all of the documents that include the following:

a. ID proof of the person putting forward the objection

b. Address proof of the person putting forward the objection

c. Authorization Documents.

2. Once all the information has been gathered, a document is developed for the examination of the trademark. This document will entail the trademark origin, its symbol its objection and the valid reason that there might be an issue.

3.  Now, before going into and taking a legal route, it is better to confer with the trademark holder. All the matters will be discussed with the trademark holder and if they agree to the changes to their trade mark or change it altogether, no further action is needed to be taken.

4. If not, you have to start drafting a reply. This reply will entail the current symbol, its objective nature, its examination and other details. This reply is needed to be well documented and put it forward. It is mostly done by the trademark examiner

5. Once the reply has been properly prepared, you now need to file it with the registrar office. You can either do it by physically paying a visit to the registrar office or file it online.

This entire process of trade mark opposition filing can be quite an ordeal if you are not considering the time it might take for the whole thing. However, with Registrationwala, you can avail this service without any hassle so that your TM objection is put forward and dealt with as early as possible.  


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About Gaurav Bansal Senior   Company Registration Consultants in Delhi

157 connections, 3 recommendations, 762 honor points.
Joined APSense since, February 18th, 2016, From Delhi, India.

Created on Apr 25th 2018 07:24. Viewed 318 times.

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