How to Reply for a Trademark Objection – Trademark Search in Chennai
How to reply to a trademark objection?
Often at some point of the registration process, the Trade Mark Registrar or private man or woman can also raise an objection for Trademark registration. The article explores what steps need to be taken in case a trademark is objected.
What is a Trademark?
Companies and establishments use logos, designs or a certain set of words to discover their products as their own which is precise and distinguishable. These designs or words help make it less complicated for the consumer(s) to pick out the brand, quality or even the beginning of the product. Therefore the marks that these corporations use inside the course of their alternate are referred to as Trademarks.
In India, logos are given the recognition of an intellectual assets and therefore is protected towards infringement below applicable law(s). The Trademark Act, 1999 (hereinafter known as the Act) governs the laws of logos inclusive of its registration, safety and penalties. Such protection is for each the organisation as well as the consumer. Trademark Registration beneath the Act is for a duration of 10 years and can be similarly renewed for any other 10 years problem to timely payment of renewal fees.
Registration of Trademark?
The method of registration of a trademark is ready out under Section 18 of the Act. Once you document an application to check in a trademark it can take between one to 2 years for it to be registered.
Once you report the application for trademark registration, you will be given an allotment number the usage of which you could test the reputation of your application. The method follows as such:
• First, the mark will move for Vienna codification
• Then they’ll do formalities take a look at, to look if the application has been filed with all required documents.
• Next, it is going to be marked for an examination. Which means it is going to be despatched to an examiner who will look at the mark for any infringements of provisions beneath the Act
• If no troubles are seen then the exam record can be issued.
• After the exam record is issued the mark could be posted in the reputable gazette, the Trademark Journal.
• Upon publishing it inside the Journal a window of 3 months, which may be prolonged for an additional month, can be open for the general public or 1/3 parties to object to the registration of the trademark.
• If there are no objections then the trademark may be registered and the applicant might be given the registration certificate and he may be blanketed for ten years from the date the utility was filed.
An objection is one of the preliminary stages in the registration system. It can be filed with the aid of either the Examiner/Registrar or any third party. An Examiner/ Registrar may record an objection beneath Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act on mainly grounds –
1. If the application contains incomplete/wrong information ; or
2. If there is already a similar trademark(s) in existence.
A third party might also object to the trademark registration inside the capability of public interest. There are two ways where a third party receives a risk to item to the registration of a trademark.
1. When the mark is published the Trademark Journal or,
2. When the applicant uses the mark before its registration. In this case, the repute of the application could be modified to Advertisement Before Acceptance.
Upon submitting an objection, the fame of the application will alternate to “Opposed”. While filing an opposition the character opposing it have to include the grounds upon which he is opposing the registration of the trademark. The examiner will offer the applicant due possibility to defend his utility as in line with the process laid out under the Act.
How to reply to an objection?
Once an objection is filed the applicant could be given due note about the objection in addition to the grounds of objection.
- The first aspect one have to do is record a counter statement to the objection.
- This must be done inside 2 months from the date of receipt of the attention of objection
- Failure to report an objection within 2 months will trade the reputation of the utility to Abandoned.
Once the counter is filed, the Registrar might also name for a hearing if he rules in favour of the applicant the trademark can be registered. If he policies in favour of the opposing third party, the trademark could be removed from the Journal and the utility for trademark registration may be rejected.
At this juncture, the applicant may also document an attraction to the Intellectual Property Appellate Board (IPAB):
- The attraction must be filed inside three months from the date of the order passed by means of the Registrar.
- If an attraction is filed after the length of three months, the applicant ought to country the purpose for the put off by way of submitting a petition for condonation of put off with a fine of Rs 2,500. If the reason is accepted with the aid of the IPAB the attraction can be published for listening to.
- The filing have to be accomplished in keeping with the policies prescribed in Trademarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules (hereinafter called Trademark guidelines).
- All of the documentation need to be verified by the applicant
- Every utility need to then be recommended through the Deputy Registrar on the date of on which the utility is presented
- If the Deputy Registrar finds any defects with the software he will give observe of the same
- The defects have to be fixed and the utility ought to be resubmitted inside 2 months with the aid of the applicant.
- Failing to do so, the Deputy Registrar will deem the utility to be Abandoned
- If the utility is determined to be in order, the Deputy Registrar will register the case and will allot it a serial number.
Once the case is registered the Intellectual Property Appellate Board (IPAB) will hear the case. The location of the hearing will be decided upon the jurisdiction under which the case falls in step with rule 2(m). A date can be given for the hearing of the case. The hearing will comply with as such.
- The IPAB will determine at the case based totally on the submissions made by using the two parties.
- If one third party fails to give themselves at the day of the listening to, the IPAB can:
- Rule on the merits of the case
- Give an order ex parte (in the absence of one birthday party)
- Dismiss the case
If the case is disregarded or is ruled ex parte a length of 30 days from the date of the ruling is given to document a petition against the earlier order.
The case may be heard and the order exceeded with the aid of the IPAB will stand. If the applicant is aggrieved by way of the order handed by means of the IPAB he nevertheless has the option to report an appeal to the High Court with capable jurisdiction. Subsequent appeals can also be filed to the Supreme Court of India.
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