Updated on October 29, 2024 10:40:39 AM
Trademark objections in Kerala are the main issue that every business venture is facing and due to the fast-growing economy and youthful entrepreneurial spirit, it’s essential for protecting a brand identity to obtain trademark protection. In the process of trademark registration in Kerala, objections can be raised at the local trademark office based on similarity with existing trademarks or lack of uniqueness or for some other specified grounds.
In this article, we will talk about the key challenges in the world of trademark objections and factors that work in business to work out this process smoothly. If businesses know these things, they can better protect their trademarks and be successful in Kerala’s fast-paced market.
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 Kerala 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 Kerala 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 Kerala, 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 Kerala.
By following the below points, the applicant can avoid the trademark objection process:
The procedure of trademark registration in Kerala 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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In the ever-changing state of Kerala, which is famous for its rich cultural heritage and vibrant business environment, trademark objections can be a major hurdle for business owners. But if you understand the particular reasons for objections and have a clear strategy in response, businesses can get past these obstacles and secure their trademarks. It is important to collaborate with legal experts who are well-versed with trademark law and have deep knowledge of the Kerala market. Not only does it protect a business’s brand identity, but it also gives a business a competitive edge in this growing region.
The chances of obtaining a registered trademark are increased by overcoming objections in Kerala, 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 Kerala 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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