Updated on October 26, 2024 12:21:38 PM
Trademark registration is an important move that any business needs to take in building a brand profile and standing out among competitors. But not every trademark application is passed with ease in Daman & Diu. Objections may arise against the applied trademark, which the applicant needs to reply to before attaining ultimate satisfaction.
In this article we will walk through the common reasons for taking objections and how can businesses deal with them more effectively. Knowing the process helps brand owners to better protect their trademarks effectively and surge through for long-term success in the dynamic business environment. At Litem Legalis, we can guide you through the entire process of dealing with objections to trademarks.
Section 9(1)(B) of the Trademark Act,1999 permits the Registrar to raise objections. According to this section if the applicant applied the mark which indicates the kind, quality, quantity, value, geographic origin or time of production of the goods or service may raise an objection.
After filing the trademark application, it goes for examination by the Controller General of Patent, Design and Trademark (CGPDTM). If the examiner finds any issue that can cause confusion in future so they can mark the application as objected. Raising an objection doesn’t consider rejection. The main purpose of Trademark Objection is to conduct fair competition in the marketplace and prevent confusion.
Trademark Objection in Daman And Diu will conduct in several steps that are mentioned below:
When the registrar raises an objection to the applied trademark, a receipt is sent to the applicant. In this examination report the applicant gets to know the ground of the objection of their trademark. The applicant or the TM attorney has to review the trademark and file a reply in their favour.
After receiving the notification of the objective trademark, the applicant has to file an MIS-R within 30 days of the notification. If the examiner doesn’t get any reply to the objection, the application may be marked as abandoned.
In this stage, the applicant has to submit all the favourable documents attached to their MIS-R. The supportive document can include the bills, the applicant’s website, social media advertisements or e-commerce sites. These documents help to prove the applicant is a prior user.
When the examiner gets the reply, they conduct a show cause hearing. The examiner will get three chances of the hearing if the applicant is not present at these hearings the application will be abandoned.
At the Show Cause Hearing, if the examiner will get satisfied with the proof they publish the trademark in the journal otherwise they will reject the application.
After advertising in the journal, any individual or business has any issue regarding the applied trademark so they can file trademark opposition. The main purpose of this opposition process in Daman And Diu is to prevent the confusion that can cause due to the similar mark and can harm the goodwill of a brand.
After completing all the aforementioned steps, if the applicant doesn’t get any opposition the applied trademark will be registered and the applicant can start using the symbol ® in front of their logo. Otherwise, the applied trademark will be rejected.
There are several purposes of the Trademark Objection in Daman And Diu, some of these are given below:
There are two reasons mentioned below when the applicant will have to suffer with the Trademark Objection process in Daman And Diu.
By following the below points, the applicant can avoid the Trademark Objection process:
The procedure of Trademark Registration in Daman And Diu is a lengthy procedure, and there is a higher probability of objection. Here, "Litem Legalis" will assist you in obtaining your TM registration in a quicker and more straightforward manner. Your best option is "Litem Legalis" because
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Trademark objections in Daman & Diu are a common part of the registration process and should not deter brand owners from seeking protection for their trademarks. These objections provide an opportunity to further strengthen the brand’s distinctiveness. By carefully responding to the concerns raised by the trademark office, businesses can successfully address objections and secure their trademarks.
It's essential to conduct thorough research, understand the legal level, and present clear arguments to indicate the trademark’s originality . With a thoughtful and proactive approach, brand owners can overcome objections, protect their valuable brand assets, and set the stage for future growth and recognition. For expert guidance in navigating trademark objections, Litem Legalis is available to help you at every stage if you need professional advice on handling trademark objections.
The chances of obtaining a registered trademark are increased by overcoming objections in Daman And Diu, and the brand's integrity, reputation, and market presence are also protected. Businesses can come out of the objection process stronger, with exclusive rights to their trademarks, and with the ability to confidently establish their brand identities in the thriving capital city of Daman And Diu with a well-executed response.
TM Objection raises by the registrar and TM opposition is raised by any individual or business. This is the main difference between TM objection and TM opposition.
TM opposition is a legal process that raises by any third party during the registration process. TM opposition can file when the trademark has been advertised in the journal.
A trademark is a symbol or logo that determines a particular brand and makes its goods or services different from its competitor. It can be a word, colour, number, shape, design, logo or pattern.
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