TRADEMARK OBJECTION

ABOUT TRADEMARK OBJECTION

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset / intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark may be registered if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are cannot be registered if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. 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.

In cases where in the Trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

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Frequently Asked Questions

  • What is a trademark ?

    A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

    - The selected mark should be capable of being represented graphically (that is in the paper form).

    - It should be capable of distinguishing the goods or services of one undertaking from those of others.

    - It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person

  • How to select a good trademark ?

  • What is the function of a trademark ?

  • Who can apply for a trademark and how ?

  • What are different types of trademarks that may be registered in India ?

  • Who benefits from a trademark ?

  • What are the benefits of registering a trademark ?

  • What are the formalities and government fees for major trademark transactions ?

  • What are the sources of trademark laws ?

  • What does the Register of trademark contain ?

  • Can any correction be made in the application or register?

  • Can a registered trademark be removed from the register ?

Pricing Plans Afforable Services Packages

  • BASIC PLAN
  • @ Rs 2899/-
  • NO HIDDEN COST
  • INCLUDING GOVT FEES
  • DRAFTING AND FILING OF REPLY FOR OBJECTION
  • WITHOUT RECTIFICATION IN ORIGINAL FORM
  • EXCLUSIVE FOR APPLICATION FILED BY TAXZEAL
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  • SILVER PLAN
  • @ Rs 4899/-
  • NO HIDDEN COST
  • INCLUDING GOVT FEES
  • DRAFTING AND FILING OF REPLY FOR OBJECTION
  • WITH RECTIFICATION IN ORIGINAL FORM
  • EXCLUSIVE FOR APPLICATION FILED BY TAXZEAL
  • Let's Start
  • GOLD PLAN
  • @ Rs 5899/-
  • NO HIDDEN COST
  • INCLUDING GOVT FEES
  • DRAFTING AND FILING OF REPLY FOR OBJECTION
  • WITHOUT RECTIFICATION IN ORIGINAL FORM
  • FOR APPLICATION FILED BY THIRD PARTIES
  • Let's Start
  • PLATINUM PLAN
  • @ Rs 7499/-
  • NO HIDDEN COST
  • INCLUDING GOVT FEES
  • DRAFTING AND FILING OF REPLY FOR OBJECTION
  • WITH RECTIFICATION IN ORIGINAL FORM
  • FOR APPLICATION FILED BY THIRD PARTIES
  • Let's Start

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