Trademark Objection Filing

A Trademark is an intangible property that makes your product or service distinct from the others in competitive industry. A trademark can be a Word, Symbol, logo, brand name, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services.  To acquire legal protection for your brand name or logo you need to get it registered.

A Trademark is an intangible property that makes your product or service distinct from the others in the Industry. To acquire legal protection for your brand name or logo you need to get it registered. The owner has the power to enforce it in the case of unlawful uses.

Trademark Act, 1999 permits you to register a trademark in India. It makes way for exclusive ownership rights and restricts all others from its usage and thereby benefits the owner of special rights. The World Intellectual Property Office (WIPO) has classified all goods & services under 45 classes out of which first 34 classes denote products and the rest services.

A trademark is an exclusive identity related to a product or service that differentiates it from others. A trademark could be a word, slogan, photograph, logo, graphic, etc. But due to certain reasons, trademark offices can object to any trademark application which does not meet their legal norms.
It can be due to the similarity between logo or a slogan with any existing one. It may be due to the sentiments associated with any religion. Besides these there can be many other reasons which can lead to trademark objection. If you receive any objection from another party, then you need to respond back within a month, i.e. is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps or reply to it, then the Registrar has the full rights to abandon the application.

Yes the Trademark can be registered online through the e-filing gateway available at the official website. However it can also be filed physically at the front office counter of the respective office or can be sent by post.

The TM Symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process.

The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which you possess a valid trademark registration.