Trademark Objection

Grounds of refusal of Trademark Application

Common reasons of Trademark Objection

• Objection of Section 9 – Trademark is descriptive or general in Nature
• Objection of Section 11 – Similar trademarks are available in TM Database
• Incorrect TM form used
• Description in the TM-1 is not as per WIPO
• Address in the TM application is incorrect
• TM-48 or POA is not filed with the TM-1 form
• Applicant name is not correct

Points included in Reply

Pints included while file trademark objection reply

• Systematically answer to the objections being raised by the registrar;
• Next, attach the supporting case laws to support your reply of the trademark office; Supporting documents to prove the uniqueness of your trademark;
• An affidavit shall be filed along with the reply, which shows that the trademark is unique and is associated with the goods and services.

Objection raised by Third Party/Public in Public Interest

• On the objection, the applicant should file a counter statement;
• The counter must be filed within the date of  2 months of receiving the objection notice of objection;
• If the applicant is failed to file the objection within 2 months, the status of the application to Abandoned.
• On counter filing, the registrar will call both the parties for hearing. After this, the registrar will rule based on the submission. If the rule is based on the submission of the applicant, then his trademark will be registered. In the case where the rule favours the opposing party, trademark will be removed, and the application of applicant will be rejected.
• Further, the applicant has the right to file an appeal to the Intellectual Property Appellate Board (IPAB),appeal m ust be filed within 3 months of the order given by the registrar.

Why TaxMyTax

We help you to file your Reply on Trademark Objection  with complete online support. You need not to step outside your home and we guide you to enter into the business world hasselfree. At Tax My Tax, our team helps you to understand the concept and documentation require to file the form. 

• Documentation as per Act
• Professional Assistance
• Dedicated Team
• Drafting your Reply
• Tracking your Reply status
• Time required: 3-4 working days
• 100% Online Process