Updated on November 20, 2024 11:38:13 AM
Trademark objection in Delhi is one of the most serious concerns for an entrepreneur trying to protect his brand and seeking exclusive rights. Being a commercial capital, a large number of trademark applications are filed in the city, and thus their registration becomes vital for the businesses. Yet, due to similarities with the existing trademarks or for want of distinctiveness, objections do arise. Overcoming trademark objections requires a deep understanding and cognizance of the local laws and a strategic approach.
In this article, you will get to know about the common causes of trademark objections in Delhi, the effect on business, and some effective ways of dealing with them. This may be acquired with professional assistance from Litem Legalis.
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 Delhi 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 Delhi 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 Delhi, 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 Delhi.
By following the below points, the applicant can avoid the Trademark Objection process:
The procedure of Trademark Registration in Delhi 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 objection is a challenge for businesses and individuals who want to register their trademark in Delhi. Defeating these objections is very crucial for a competitive business environment to build a strong brand. Applicant can manage the process by understanding the groups for objections, seeking legal advice, and preparing detailed responses
Overcoming trademark objections will enhance the possibility of granting a trademark and thus protect the brand's reputation and market position. Approach strategically, and the businesses emerge with proprietary rights to establish their brand in Delhi. Now, For professional help regarding trademark objections contact Litem Legalis.
The chances of obtaining a registered trademark are increased by overcoming objections in Delhi, 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 Delhi 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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