Does your trademark registry status show the word “Objected”?
Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. If your status in the trademark registry shows that it is “objected”, it means that the registrar finds the mark you selected in the application filed is not eligible for being registered. The registrar can object the registration of your trademark on the grounds stated in Section 9 and Section 11 of the Trademarks Act 1999. And a reply can be filed by the applicant within one month from the date of receipt of Examination Report before the registrar to reconsider the application for registration. Filing an effective, well-framed objection to justify the reasons for objection will be satisfactory and the registrar becomes more likely to allow the registration of your trademark.
eStartIndia comprises of best professionals who would help you in filing an effective reply for Trademark Objection before the Registrar. We also provide for trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification.
eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored as per your requirements.
Get a Free Consultation for any Trademark objection with Our Top Rated Experts with a simple registration.
Why choose eStartIndia?
We are a team of competent professionals in this field and we offer you the best services like
- IDENTIFYING REASON AND DEVELOP STRATEGY: – We identify the reason for the rejection of your application and the concerns of the Examiner. After a discussion with the client, our professionals will develop a strategy that will defend the grounds for objection.
- FILE REPLY: – A reply that addresses all the issues raised in the objection will be drafted and filed before the registrar after obtaining your consent.
- TRACKING: – We don’t end our service there!!!. We keep a check on all the developments in the objection filed from time to time which reduces the burden of the client from missing out any direction.
NOW KEEP THIS IN MIND:-
The argument for each reason for objection will be different. Only quality and professionally drafted reply for objection can cure the issue. If an objection is filed under Section 9 for the mark is not distinctive or indicating the quality, quantity and the nature of good, then in order to overcome the hurdle, it must be shown that mark was obtained inherently or out of continued usage. And in the case where the objection is raised in accordance to Section 11 for being similar or identical to any pre-existing mark then proofs shall be produced to show how distinctive the mark is from others or establish the extensive usage of this mark by the applicant.
WHAT MUST BE INCLUDED IN YOUR REPLY?
- A brief and specific answer to the objection.
- Relevant case laws to support your objection.
- To prove the extensive usage of the mark, the applicant must produce a USER AFFIDAVIT.
- Other evidence supporting the inherent usage of the mark and establish distinctiveness.
Click here to read more about “Trademark Assignment”
