Nidhi Company

How Does Trademark Objection Work?

During the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates any of the rules and laws of Trademark.

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Objection Notice

We will assess the implications of the notice

Step 1

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Affidavit Preparation

We will prepare the formal affidavit addressing the objections

Step 2

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First Interview

The first interview, if required, will be attended by the lawyers

Step 3



  Trademark Objection - An Overview

A trademark is a logo, symbol, tagline, or a combination of both that represents a brand identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark; offensive to a particular religion; absence of a distinct design; etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.

  Benefits Of A Trademark Objection

Filing a prompt response to a trademark objection, along with supporting evidence has the following benefits. The existing trademark will be saved from being abandoned or rejected, and be considered for further processing.

  Checklist For A Trademark Objection

The Trademark Examiner scrutinizes the trademark application to make sure the application isnt in conflict with any trademark rules. A trademark application can face objection for any of the following reasons

  How To File A Trademark Objection Response - A Detailed Process

Authorization letter, Affidavit of usage, Examination report, Trademark hearing notice, Documentary proof of Trademark in commercial use, The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date

  Documents required

Authorization letter, Affidavit of usage, Examination report, Trademark hearing notice, Documentary proof of Trademark in commercial use, The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date

  Trademark symbols and their usages

ou get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.

  Who should file income tax return?

Every company, be it Private limited, LLP or partnership irrespective of the income or loss must file IT returns

Individuals enjoying income from mutual funds, bonds, stocks, fixed deposits, income from interest, house property,etc

FAQs on Trademark Objection

The status of the trademark application can be tracked here. The status will be displayed as Objected.

Trademarks are rejected due to one or more of the following reasons: Usage of scandalous or offensive words Absence of unique signs and terms Official and Patriotic resemblances-like flag or emblem Existence of identical marks in the industry

The response has to be submitted within 30 days from the date of issuance of the examination report.

IndiaTax professionals can help file extension thirty days after the deadline.

Yes. An affidavit mentioning the usage of the Trademark has to be submitted mandatorily

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