During the registration process, the trademark registrar or private individual may give an objection for registration of a trademark. The article will give you knowledge about the step by step process which has to be taken in case of a Trademark objection.
What is a Trademark
Companies and enterprises use logos, designs or a certain set of words to give identification to your product as their own which is exclusive and distinguishable. These words or designs help in making it easier for the consumer(s) to choose the brand, quality and even the origin of the product. Therefore, the marks that these companies use in their trade are known as trademarks. In India, Trademarks are given the acceptance of an intellectual property and therefore are protected from any type of infringement under applicable law(s).
The Trademark Act, 1999 (hereinafter referred to as the Act) governs the laws of Trademarks including its registration, protection and penalties. Such protection is for both the consumer as well as the company. Trademark Registration under the Act is for a period of 10 years and can be again renewed for a period of 10 years with just payment of a Renewal fees, for this you have to choose an expert who can help you in the process of Trademark Renewal.
Registration of a Trademark objection reply in 2023
The registration process of a Trademark is set out under Section 18 of the Trademark Act. After you file an application for Trademark Registration, the minimum period for it to get registered is between 1 to 2 years. You will get an allotment number, once you file the application for registration, from that allotment number you can check the status of your application. The process follow as such:
- In the First step, the mark will move for Vienna codification
- Then they will get a formalities check, to see if the application has been filed with all the relevant documents.
- Next, it will be marked for an examination. Which means it will be sent to an examiner who will examine the work for any infringements of provisions under the Act
- The exam report will be issued if no issues are found in it.
- The mark will be published in the official gazette, once the exam report is issued in the Trademark journal.
- Once it gets published in the journal, a withdrawal of 3 months, which may be extended for an extra month for the public or third parties to give Trademark objection to the filed Trademark Registration.
- If the application does not get any Trademark objection the trademark will be registered and the applicant will get an registration certificate and it will be secured for 10 years from the date of the application was filed.
Trademark Objection reply in 2023
Objection registration is one of the initial steps in the process. It can be filed by the examiner/registrar or any third party. An examiner/registrar can file an Trademark objection under section(s) 9 (absolute grounds of refusal) and 11 (relative grounds of refusal) of the Act mainly on two grounds –
- If the application contains incomplete/incorrect information; Or
- If a similar trademark already exists.
A third party can object to the registration of a trademark on grounds of public interest. It contains two ways where a third party gets a chance to give objection to the Trademark Registration.
- When the mark is advertised the Trademark Journal or,
- When the mark is used by the applicant before its registration. In this case, the status of the said application will be shifted to the Adv before Acceptance.
Upon filing an objection, the status of the said application will be shifted to “opposed”. While filing an opposition the person opposing it must
On raising the Trademark objection the status of the application will change to “Opposition”. While filing the opposition, the person opposing has to include the grounds on which he is opposing the registration of the trademark. The Examiner shall give a reasonable opportunity to the applicant to defend his application in accordance with the procedure prescribed under the Act.
Also, Read
Trademark Objection Under Section 11
How to Respond to an Objection?
Once the Trademark objection reply in 2023is registered, the applicant will be given proper notice regarding the objection as well as the grounds of objection.
- The very first thing that one should do is to file a counter-Trademark objection.
- This should be done within 2 months from the date of receipt of the Trademark objection notice
- Failure to file the Trademark objection reply in 2023 within 2 months will result in the application status changing to Abandoned.
Once the counter is filed, the Registrar may call for hearing if he gives a decision in favor of the applicant then the trademark will be registered. If he gives judgment in favor of the opposite party, the trademark will be removed from the journal and the application for registration may file an appeal to the intellectual Property Appellate Board (IPAB):
- If an appeal must be filed within 3 months from the date of order passed by the registrar.
- If an appeal is filed after the 3 months period of time, A reason must be described by the applicant for the delay by filing a petition for condonation of delay with a fine of Rs. 2,500. If the reason is satisfactory and chosen by the IPAB the appeal will be posted for hearing.
- The filing must be done with following all the rules prescribed under Trademarks (Applications, Appeals and fees to the Intellectual Property Appellate Board) Rules (hereinafter referred to as Trademark rules).
- All of the documentation must be checked by the applicant
- Every applicant must then be endorsed by the deputy registrar on the date of which the application is showed
- If the Deputy Registrar saws any errors in the application he will give the notice of the same
- The errors must be corrected and fixed by the application and submitted again within 2 months by the applicant.
- If you are failing to do that, The deputy Registrar will throw the application to be abandoned.
- If the application is found to be in order, the Deputy Registrar will register the case and will give a serial number.
Once the case gets registered the IPAB will hear the case. Then a Place for the hearing process will be decided on the basis of jurisdiction under which the case falls according to rule 2(m). A date will be given for the hearing of the case. The hearing will follow as such.
- The IPAB will take decision on the case based on the submission made by the 2 parties.
- If one party does not capable to attend the hearing on the date given by the department , The IPAB can:
- Rule on the merits of the case
- Can give an order to the other party (in the absence of one party)
- Dismiss the case
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Trademark registration online
Once the case gets dismissed or is ruled by ex prate a period of 30 days from the date of the ruling is given to file a petition against the earlier order. The case will be heard and the order approved by the IPAB. If the applicant is disturbed by the order approved by the IPAB he still has the option to file an appeal to the High court with competent jurisdiction. Subsequent appeals can also be filed to the Supreme Court of India.