Updated on November 20, 2024 11:38:14 AM
Trademark objection in Rajasthan is a critical obstacle in the trademark registration process. These objections are raised when the trademark office finds an issue with the proposed trademark due to similarities with other existing trademarks on unique grounds or failures to meet the legal threshold of being a trademark. To acquire trademark registration and get exclusive rights to your brand, it is important to address these objections properly.
In this article, we’ll look into what trademark objections are, what their impact can be, and the steps to be taken to effectively overcome them for successful registration.
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 Rajasthan 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 Rajasthan 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 Rajasthan, 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 Rajasthan.
By following the below points, the applicant can avoid the trademark objection process:
The procedure of trademark registration in Rajasthan 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 in Rajasthan becomes a great opportunity for applicants to make their trademark applications stronger and strengthen their brand identity. Applicants may know why such an objection was raised by doing a detailed search and addressing the reasons pointed out by the trademark office. Taking action promptly and providing convincing evidence for resolving objections. Seeking professional guidance and support throughout this process is getting expert advice which can greatly increase the chances of success and enable applicants to build a brand that is both unique and protected in the market.
The chances of obtaining a registered trademark are increased by overcoming objections in Rajasthan, 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 Rajasthan 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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