Trademark objection

How to respond to a trademark objection?

A trademark objection may be raised by a private individual or the Trade Mark Registrar during the registration process. When trademarks are objected to, the article explains what steps need to be taken.

What is a Trademark?

It is common for companies and enterprises to use logos, designs, or a specific set of words to brand their products as their own. Consumers can identify brands, quality, and even origin of products with the help of these designs or words. Consequently, these marks are known as trademarks since they are used by these companies during their business operations. A trademark in India is recognized as an intellectual property, so it is protected against infringement.

This Act governs the laws pertaining to trademarks, specifically their registration, protection, and penalties. Consumers as well as companies are protected by such protection. The trademark registration under the Act is valid for a period of 10 years, and can be renewed for another 10 years with timely payment of the renewal fee.

Registration of Trademark?

The trademark registration process is outlined in Section 18 of the Act. In most cases, trademark registration takes one to two years after filing an application. You can check the status of your application once you file the registration application by using the allocation number. This is how the process works: ➢ First, the mark will go for Vienna codification ➢ They will then check the application for formalities, making sure all documents are attached. ➢ An examination will follow. In other words, an examiner will examine it for any infringements of the Act's provisions ➢ In the event that no issues are found, a report will be provided. ➢ As soon as the exam report is issued, the trademark will appear in the Trademark Journal, a national official journal. ➢ Public and third parties will have a period of three months after it is published in the Journal to object to its registration. ➢ A trademark is registered if there are no objections, and the applicant is granted a registration certificate, which protects him for ten years after the application is filed.

Objection During the registration process, one of the initial steps is to file an objection. This can be done either by the Examiner/Registrar or by any other party. There are primarily two grounds

for filing an objection under Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act •

If the application contains incomplete/wrong information ; or

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If there is already a similar trademark(s) in existence.

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Third parties may oppose the registration of a trademark in the public interest.

Objecting to the registration of a trademark can be done in two different ways.

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When the mark is published the Trademark Journal or,

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Using a trademark before it has been registered by the applicant. Application status will change to Adv Before Acceptance in this case.

In the event of an objection, the status of the application will be changed to "Opposed". It is necessary to include the grounds for opposition when filing an opposition against a trademark registration. Under the Act, the examiner will give the applicant a reasonable opportunity to defend his application.

How to respond to an objection? ✓ The applicant will receive due notice of an objection as well as its grounds. ✓ Counter statements must be filed as soon as possible after an objection is lodged. ✓ Once a notice of objection is received, it must be addressed within two months ✓ Abandoned does not mean that the application has been abandoned, but that it has not been objected to within two months.

A hearing may be called by the Registrar once the counter is filed, and if the Registrar rules in favor of the applicant, the trademark will be registered. As a result of his decision, the trademark will be removed from the Journal and the application for registration will be denied. Applicants may then appeal to the Intellectual Property Appellate Board (IPAB) as follows: •

In order to appeal, you have three months from the date the Registrar passes the order to file your appeal.

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Applicants who file their appeals after the period of 3 months must provide a reason for the delay by filing a petition for condonation of delay with a fine of Rs 2,500. If it is accepted by the IPAB, the appeal will be scheduled for hearing.

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The trademark application must be filed in accordance with TradeMarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules (hereinafter referred to as Trademark rules).

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A verification of all documentation is required by the applicant

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Deputy Registrars must then endorse each application on the day of submission

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It is the responsibility of the Deputy Registrar to inform the applicant of any defects in the application

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An applicant must correct the defects and resubmit the application within two months.

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Failing to do so, the Deputy Registrar will deem the application to be Abandoned

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When the Deputy Registrar determines the application is in order, a serial number will be assigned to it.

Once the case has been registered, IPAB will hear it. According to rule 2(m), the hearing location will depend on the jurisdiction in which the case falls. There will be a date set for the hearing. We will proceed as planned with the hearing.

1. In this case, the IPAB will consider the submissions made by both parties.

2. In the event that one party fails to appear at the IPAB hearing, the IPAB can: ✓ Rule on the merits of the case ✓ Give an order ex parte (in the absence of one party) Dismiss the case Cases that are dismissed or ruled ex parte have a period of 30 days after the ruling to appeal. Upon hearing the case, the IPAB will uphold its decision. The applicant still has the option of appealing the IPAB's decision to the appropriate High Court. In addition, appeals can be filed to the Supreme Court of India in the subsequent stages.