Trademark Objection in India – an Overview
Trademarks are important intellectual property for business. In a year multiple trademarks are applied. Not all the trademarks are accepted. Some trademarks are rejected and are not registered. Examiners search databases in order to find older trademarks that are identical to or confusingly similar to the mark under consideration. The trademark examination report summarises the results of the trademark examiner’s investigation and the reason for trademark objection process.
The office that receives your trademark application will look over your mark to see if it could be confused with another already registered mark or other marks already used in the market. Suppose they find a legitimate reason for why your mark is not similar to the other marks.
Documents Needed to File Trademark Objection Reply
It is required to submit a formal response to the examination report with detailed clarifications as to why the application should be accepted. The following documents are required:
- The legal power of attorney.
- Response to an examination report.
- The evidence of trademark use in commercial activities includes invoices, letterheads, communications, visiting cards, screenshots of websites, brochures, and other evidence of trademarks.
Trademark Examination Report
When the registry examines the application, it makes an examination report and decides whether the application is accepted or not. If accepted, the registry advertises the trademark. Observations in the examination report will be communicated to the applicant/trademark agent for a reply.
An objection must be stated in the trademark examination report. The applicant is required to file his reply within 30 days of receiving the examination report. This examination report is generally forwarded to the trademark agent for action. The applicant will then have 30 days to respond to the objection.