Updated on November 20, 2024 11:38:14 AM
Trademark objection in Odisha serves as a means to protect the interests of trademark owners and consumers alike. It is a formal objection raised by the trademark office against the registration of a particular trademark due to various grounds, including conflict with existing trademarks, lack of distinctiveness, or violation of statutory requirements. This objection acts as a filter in the trademark registration process in Odisha, ensuring that only eligible trademarks are granted registration.
In this article, we will delve into the concept of trademark objection in Odisha, its importance in maintaining a fair and competitive marketplace, and the steps involved in addressing such objections.
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 Odisha 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 Odisha 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 Odisha, 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 Odisha.
By following the below points, the applicant can avoid the trademark objection process:
The procedure of trademark registration in Odisha 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 Odisha give a valuable chance to file applicants to finish their applications and ensure they meet legal standards. Applicants for Odisha can successfully navigate through trademark office objections by providing solid arguments or evidence to put off objections. With careful research, strategic planning, and expert help you can approach these objections with much better chances of a positive outcome.
Understanding the basis of objections and the process involved is also beneficial in making applicants more smoothly, safeguarding their brand identity, and building a strong market presence.
The chances of obtaining a registered trademark are increased by overcoming objections in Odisha, 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 Odisha 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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