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Trademark Objection

Drafting and filing of reply for objection raised by Trademark Examiner. Exclusive pricing for trademark applications filed by IndiaFilings.
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Trademark Objection

Once a trademark application is filed, a Trademark Examiner examines the the application and makes a search of earlier trademarks – which are identical or similar to the mark being examined. The findings of the Trademark Examiner are compiled as the trademark examination report.

Use of Incorrect Trademark Form

In case the trademark application is not made on the proper form, an objection as following is raised by the Trademark Examiner.

“The application is made on form TM-1, for certification mark in respect of goods or services falling in a class, the form of the application should be corrected as TM-4 by filing a request on form TM-16.”

Corrective Action: The applicant can overcome this objection by requesting to correct trademark application by filing a request on form TM -16.

Incorrect Trademark Applicant Name

The trademark applicant name must be entered properly in an application, as suggested in this article. In case of incorrect trademark applicant name, the Trademark Examiner would raise an objection as follows:

“The application appears to have been filed in the name of a partnership firm, names of all Partners of the firm should be brought on record by filing a request form TM-16”

Corrective Action: The applicant can overcome an objection for incorrect trademark applicant name by requesting to correct trademark application by filing a request on form TM -16.

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Obection Reply

Exclusive Government Fees
Starting at ₹ 2499GST will be charged at 18%
  • Objection Reply

Oposition Reply

Exclusive Government Fees
Starting at ₹ 4999GST will be charged at 18%
  • Opposition Reply

Trademark Hearing

Exclusive Government Fees
Starting at ₹ 4999GST will be charged at 18%
  • Trademark Hearing

Document Information

Documents for Trademark Objection

Copy of proof to use the Trademark
Trademark Application Number
POA in favor of Trademark Agent

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FAQs
The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is unsatisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days.
The trademark examination report of the objection over trademark on the website of IPI India.
The trademark experts draft and file a reply within 3 days of raising an objection that is received subject to the available documents.
The trademark objection is raised by the examiner by raising questions over the criteria that are followed during registration whereas the opposition is done by a third party over the credibility of the trademark.
A trademark is objected to due to many reasons like the documents filed or the fulfillment of the criteria that is mandated by the rules.
Trademark objection can be raised on two grounds absolute and relative grounds.
In case the reply doesn’t match the criteria the trademark application gets rejected.
The intellectual property appellate board can be approached in case of rejection
No, the applicant doesn’t need to be physically present. IndiaFilings can help you draft a reply for the trademark objection.
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