A trademark objection is a notification from the Trademark Registrar that there are certain issues with the trademark application, which makes it ineligible for registration. The grounds for objection can vary from similarity to an existing trademark to use of words that are too generic or descriptive. However, an objection doesn’t necessarily mean the end of the road for your trademark application. You can file an appeal and present your case to the Registrar.
How to appeal a trademark objection in India
Step 1: Understand the Grounds of Objection
The first step in appealing a trademark objection is to understand the grounds of objection raised by the Registrar. The objection can be based on the similarity of the trademark with an existing trademark, use of generic or descriptive words, or any other issue with the trademark application. Once you understand the grounds of objection, you can work on addressing those issues in your appeal.
Step 2: Prepare an Appeal
The next step is to prepare an appeal against the trademark objection. The appeal should include the following information:
- Grounds of objection raised by the Registrar
- Response to the objections raised by the Registrar
- Evidence to support the response
- Arguments to support the registration of the trademark
The appeal should be drafted in a clear and concise manner and should be supported by relevant evidence. It is advisable to seek the help of a trademark attorney to draft the appeal and ensure that all the relevant points are covered.
Step 3: File the Appeal with the Trademark Registrar
Once the appeal is drafted, the next step is to file it with the Trademark Registrar. The appeal should be filed within one month from the date of receipt of the objection. The appeal should be filed in the prescribed format along with the prescribed fee. It is important to ensure that all the necessary documents are attached with the appeal.
Step 4: Attend the Hearing
After the appeal is filed, the Registrar will schedule a hearing. It is important to attend the hearing along with the trademark attorney. The hearing is an opportunity to present your case and address any queries or concerns raised by the Registrar. The hearing is also an opportunity to negotiate and settle the matter with the Registrar.
Step 5: Follow Up with the Registrar
After the hearing, it is important to follow up with the Registrar and ensure that all the necessary steps are taken to address the objections raised. The Registrar may request additional information or evidence, which should be provided promptly. It is important to maintain a professional and cooperative attitude while dealing with the Registrar.
Important Points to Consider
- It is important to ensure that the trademark application is filed correctly and meets all the requirements before filing an appeal.
- The appeal should be filed within one month from the date of receipt of the objection.
- It is advisable to seek the help of a trademark attorney to draft the appeal and present your case to the Registrar.
- The hearing is an opportunity to present your case and negotiate with the Registrar. It is important to attend the hearing and maintain a professional and cooperative attitude.
- It is important to follow up with the Registrar and provide any additional information or evidence requested.
Conclusion
Appealing a trademark objection can be a time-consuming and complex process. However, with the help of a trademark attorney and a clear understanding of the grounds of objection, it is possible to present your case and secure the registration of your trademark. It is important to maintain a professional and cooperative attitude while dealing with the Registrar and follow up promptly on any requests for information or evidence. With the right approach, it is possible to overcome a trademark objection and secure the registration of your trademark.