Trademark Objection

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Frequently Asked Qustion

What does it mean by TM application status “Objected”?
How can I get my TM application approved for publication in Trademark journal?
Do I need to stop using ™ Mark for my Trademark or Logo when Trademark Objection/ Examination Report is issued?
What is the step after the Application is published in the journal?
What are the chances of issuance of show cause notice after filing reply to TM objection?

TRADEMARK

We offer free trademark search.A TRADEMARK is a visual notation which can be a word, statement, design, or combination of words used by a business entity to distinguish it between goods or services from other similar goods and services originating from a different business.Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.

Normally, a trademark is a virtually perceptible sign such as name, words, label, symbol or logo which is legally registered and this trademark represents a particular organization, company, product or service to distinguish it from other companies or products. . For example, there are many companies which produce cars but they all should have their own unique names, symbols, designs of brand and slogans. No other company can use Aston Martin’s slogan “There is no substitute” or same font design to make a similar name. This is because Aston Martin has registered legally for all those components as the part of its trademark. By doing this, Aston Martin can prevent other companies creating similar trademarks. Speaking about “sign”, this means that even sounds (e.g. Metro Goldwyn Mayer's “Lion Roar”), smells (e.g. “Royal Desire” perfume by Christina Aguilera) are also registered as trademarks. To register a trademark, this must be a sign which must be devoid of any idiosyncratic character, must not be descriptive of quality of goods or services and it must be a general word, i.e., the word must not be from the dictionary.

Importance Of Trademarks

Trademarks and the company’s reputation exercises a key influence on the purchasing decisions of the consumer. People must understand the importance of why trademarks are one of the most important assets of the business and help to grow their business. The list below shows the various importance of Trademarks -

1. Trademarks serves as an effective communicative instrument - Trademarks , logo or a brand image can help to communicate rational and poignant attributes and messages about you , your company, and your company’s repute, products and as well as services. Your trademark doesn’t need to be a word or a name . Designs can be acknowledged regardless of language or alphabet. The Nike “Swoosh” design is recognized globally, regardless of whether the native language is Swahili, Chinese, Spanish, Russian, Arabic or English.

2. Trademarks enable the consumer to easily locate the business - The market place is a crowded area and it is often difficult to distinguish between the products of you and your competitors . Thus Trademarks are an efficient commercial communication tool which capture customer attention and make your business, products and services a complete sell out . Customers screening a trademark immediately know who they are dealing with, the reputation of your business and thus they are less likely to look for alternatives. Your brand could be the decisive factor in influencing a customer’s purchase decision .

3. Trademarks serves as a useful asset – The value of trademarks can increase over time . The growth of the trademark depends on the rate of growth of the reputation of the company . Trademarks are a property asset, just like real estate, that can be bought, sold, licensed (like renting or leasing) or used as a security interest to secure a loan to expand your business

4. Trademarks makes recruitment easier - Trademark helps to ignite a positive attitude in people’s minds . As a result of which the employ opportunities enjoy a favorable image in the eyes of the candidate . Employee maintenance can be higher if employees bore a positive attitude for the brand and as well as for the products and services offered by the company

5. Trademarks are a bargain difficult to turn down –Leading registration companies like Sujata Associates charges a nominal amount of Rs. 6500 for the registration for trademarks which are quite economical .

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Important Aspects of Filing Trademark Objection

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No Guarantee

Filing a opposition for a trademark application does not guarantee that the mark will be prevented from registration. Trademark registration is a process and the verdict on registration is provided only by the Trademark Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts based on expertise

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Trademark Journal

Trade Mark Journal is an official gazette of the Trade Marks Registry. If a Trademark Examiner determines that a trademark application can be granted registration , the application is advertised in the Trademark Journal. While the application is advertised, all persons have an opportunity to oppose the registration of the mark.

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Trademark Opposition

As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the application is required to file send a counter statement ot the Registrar within two months.

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Timeline

Post filing of a trademark opposition, it is important to periodically check the status of the trademark application until its processing on the Government side.

 

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