Intellectual Property

Process of Filing of Trademark Objection

process of trademark objection

What is Trademark Objection

A Trademark objection occurs when someone sees a trademark that they feel is too similar to their own and wants to challenge the trademark. If you are interested in filings an objection, you need to do so by notifying the registrar within three months after they register their trademark. The process will vary depending on where you file your objection and what type of information is provided. However, generally you will be required to submit at least one affidavit (a written statement made under oath). Additionally, if the complaint is about goods or services for which the mark has been registered for less than five years, you may be required to submit evidence of use (proof that others have seen or heard the mark) for those same goods or services. There are certain limitations as to who can object to a trademark registration; however, you can find out more about these restrictions from the registrar. In order to file a successful objection, you will need to provide all the necessary information including supporting documents. If you are unsure whether this applies to you, it is best to consult with an attorney before proceeding with the application.

Process of Filing a Trademark Objection

Trademark Objection is the formal process whereby an individual or company can stop the trademark application of another party. Unlike trademark opposition, trademark objection does not go to court and focuses on stopping the registration of another party's trademark through official legal channels. Below you will learn about the basic steps involved in filing a trademark objection, what forms you'll need to complete, and how long the entire process will take from start to finish. 

Step 1: Search

A Trademark Objection is filed with the Indian Trademark Registry. The first step is to conduct an extensive search in order to find any trademarks that are identical or similar to the trademark sought to be registered. If a trademark is found, then this will result in an objection being filed with the Indian Trademark Registry. If no relevant trademark can be found, then there will not be any grounds for filing a trademark objection and the application for registration can proceed as normal. 

Step 2: Preliminary Review Section

Before going any further, it is important to determine whether you have grounds for filings an objection. One way to do this is by considering the following checklist:

  • Is your trademark identical or similar to the applied-for trademark?
  • Is your trademark well known in India?
  • Does the applied-for mark so resemble your trademark as to be likely to confuse or deceive the public or would it otherwise create confusion with respect thereto?
  • Do you have exclusive rights to use the mark?
  • Are you able to demonstrate that consumers will believe there is some connection between your goods and those offered under the applied-for mark?

Step 3: Sending Your Notice of Opposition

You may now send your Notice of Opposition to the trademark office. You must include certain information, including why you oppose the trademark and whether you have any evidence to support your claim. If the trademark office approves your opposition, it will stop the registration process for that trademark.
If not, it will continue with its evaluation of this application. Once this step is complete, there are no more formal steps you can take to stop an application for registering a trademark in India. It's possible to file a civil lawsuit if you believe someone has illegally registered one of your trademarks in India or unfairly used one of your trademarks. But this is usually only done after another company has registered a trademark in India and made use of it without permission.
It's important to know about other ways that someone might steal or misuse one of your trademarks before investing time and money on a legal defense.

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