Updated on March 01, 2025 11:14:13 AM
Trademarks play a very crucial role in building a brand’s identity and help businesses differentiate themselves in a competitive industry. However, the process of obtaining a registered trademark in Gujarat is not that easy. It involves overcoming objections raised by the trademark office.
In this article, we are going to discuss the trademark objections in Gujarat and suggest practical ways to remove them. Business owners and brand managers who understand the process, and prepare for potential challenges, can better protect their brands’s identity. The details of how to face such challenges confidently in the success of your brand will be unfolded in the article. Contact Litem Legalis to navigate through every step of this journey.
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 Gujarat 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 Gujarat 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 Gujarat, 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 Gujarat.
By following the below points, the applicant can avoid the Trademark Objection process:
The procedure of Trademark Registration in Gujarat 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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The protection of your trademark in Gujarat needs to be done with strategic and proactive planning. Objections are normally raised at the trademark office, and companies have to painstakingly go through them and prepare their arguments with clear reasoning and very substantial evidence. Expert advice can provide extra knowledge and support throughout this process.
By overcoming the objections, the brand owner avoids cancellation of their trademark and saves the brand image from possible conflicts. A successfully registered trademark ensures legal protection, increases brand visibility, and customer trust, and gives a competitive advantage. Trademark objection is an opportunity for a company in Gujarat to Build its brand and lay a sound foundation for any further development of its business. Litem Legalis will assist you in this regard with ease and professionalism.
The chances of obtaining a registered trademark are increased by overcoming objections in Gujarat, 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 Gujarat 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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