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Trademark Objection

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A trademark is a distinctive expression that identifies a product or service among others. Words, slogans, photographs, logos, graphics, color combinations, or even smells can be used as expressions.
The trademark office is entitled to object if a trademark application does not conform to the law for some valid reasons. A trademark objection can have many causes. Logos or words that are already in use may cause confusion because of similarity. Any religion could be responsible for this because of sentiments associated with it. Here are a few reasons that can lead to a trademark objection. The time limit for responding to any objection is one month, or within 30 days if you receive one from another party.
An official letter of objection will be sent to you by the Trademark Department. The Registrar, however, has the right to abandon your application if you don’t take any steps.

What types of objections can be filed under Trademark Objection?

The trademark examiner reviews this ground of objection based on the specific grounds of similarity. It is possible that there is already some type of trademark similar to this.
If the name is popular or relates to a geographical location, this type of objection would be raised.
If the trademark application contains some form of error, this objection would be made.
A Trademark objection would only be raised if there is no description of the trademark or a wrong description is given.
The trademark examiner may raise a complaint if the power of attorney contains incorrect information.
An objection regarding the details of the applicant is being made here.

What are the steps to file a trademark objection response?

The Entire Process

If you received an objection to your Trademark Registration, then we at Faucone Accounting can help you to get rid of the objection and register your Trademark.
Analyzing and studying the Trademark Objection Response carefully is the first step, as any ambiguities in understanding can result in an incorrect response being filed.
The proper answer to the objection with supporting law and precedents and judgments.

There are differences between the conflicting mark and that of the applicant.

Supporting documents and evidence that validate the response.

An affidavit stating the use of the trademark on the applicant’s website and social media channels; advertisements in the media; publicity material; availability of trademarked products on e-commerce sites, etc., along with documentary proof

The response draft will be filed on the Trademark e-Filing portal.
If the trademark application contains some form of error, this objection would be made.
When a positive decision is reached at the trade-mark hearing, the mark will be accepted, and the Trademark Journal will be ordered to publish it.

Refusal orders, which explain the reasons why the application was denied, will be drawn if the case ends in a negative outcome. There is still a chance of appealing the order by submitting a review petition within 30 days of the Refusal Order stating why it should be reviewed.
The Trademark Journal will open to scrutiny your trademark for a period of four months after it is published. A registration certification is issued if no oppositions are filed within that period. An objection will result in an opposition proceeding according to the law.