One of the important stages of Trademark Application life-cycle is Examination of Report and Objections. After initial stages of filing the application, Registrar of Trademark examines the trademark majorly on three parameters i.e. Possibility of Deception, Distinctiveness and Possible confusing brands. If Registrar of Trademarks believes any one of the parameters is defeated, objection will be raised by the Trademark office. In simple language objection is the concern raised by the Trademark office on the applied brand and asking for explanation over the raised concern.
Examiner while examination has to comply certain rule that is to ascertain whether the applicant has followed procedure given under the Trade Marks Act and Trade Marks Rules. He has to cross verify whether any same/similar mark in respect of same/similar goods/services is there on record. After thorough verification, examiner either shall provide a consolidated report stating the reasons for objections if raised along with the search report of the conflicting mark or provide the report of accepting the trademark with or without conditions and publishing the same in journal.
Trademark application can be opposed by anybody else having valid reasons. In the process of trademark registration, the application is advertised in the trademarks journal on the government portal and is open for opposition from anybody having valid reasons to do so. Once your application is opposed by somebody, its status is immediately changed to ‘Opposed’. You then have to file a counter statement defending your trademark application against the opposition. This needs to be done in legal terms abiding by the trademarks act and within two months from the opposition. We at SunBrio, provide this service online to our clients from anywhere in India.
You may also oppose someone else’s trademark application citing reasons that might infringe on your registered trademark. This needs to be done as soon as an application reaches the advertised before acceptance stage. Once the application is registered, there is no provision to oppose it. Hence, hurry! And contact us immediately.