How do I submit a response to a trademark objection?
How to respond to an objection?
- The first thing one must do is file a counter statement to the objection.
- This must be done within 2 months from the date of receipt of the notice of objection.
- Failure to file an objection within 2 months will change the status of the application to Abandoned.
How do you respond to a trademark opposition?
While there is no standard format for an Answer, it is generally best to answer each numbered paragraph of the complaint by providing a short statement either admitting or denying the alleged facts. If you cannot do so, then state that you have insufficient facts to either admit or deny the claims.
How do you raise a trademark objection?
To raise a Trademark Objection
- The examiner, public or third party can file an opposition within four months.
- The status of the application will be change to Opposed.
- The grounds of opposition is stated.
- After this, notice the applicant about the opposition, and the grounds stated.
How do you clear an objected trademark?
If some goods are in the wrong class: trademark reply to change the application to delete the items that do not fall under the proposed class. If the objection is because of the grounds (the mark is not distinctive): file a reply stating that your mark can be differentiated from the foods and services it stands for.
How do you file an objection?
Filing an Objection
- a statement giving the specific ground upon which the Objection is being filed;
- a detailed explanation of the validity of the Objection and why it should be upheld including copies of any documents that the Objector considers to be a basis for the Objection;
How long does a trademark opposition take?
Approximately Four to Six weeks after being approved for publication a trademark application is published for opposition. The mark is published in a book of all published trademarks before the U.S. Patent and Trademark Office known as the Official Gazette. Trademarks are published for opposition for 30 days.
Can a trademark be opposed after registration?
Rectification of Trademark Register: Any ‘person aggrieved’ by the registration of a trademark, may file for removal, cancellation or rectification of the register of trademarks. Rectification is used to remove a registered trademark from the register which is not used within 5 years from the date of its registration.
What is trademark objection reply?
An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration. In the event of a trademark objection, a comprehensive reply needs to be filed within a month from the objection’s date of issuance.
What happens when a trademark is opposed?
If a mark gets opposed and the status of the mark reflects so, the Trademark Office would then send a copy of the written notice of opposition from the third party to the applicant/applicant’s agent.
Why is my trademark objected?
The term ‘objected’ implies that the particular trademark application has been examined and a report generated as well, laying down the objections against the registrability of the mark. Once a trademark application is filed, the first step in its journey to registration would be examination of the said trademark.
When can I use TM on my logo?
™ – TM Symbol ©
The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.
What is refused in trademark?
The trade mark status in the Indian Trade Mark Registry website shows as “Refused” when the Registrar/Examiner has refused a trade mark application after considering or hearing the applicant’s response to an examination report. … Effectively, the trade mark application is not in force.
Who can object to a trademark application?
Relative grounds for refusal occurs when the mark that someone applies for is already in use, or similar to one already in use. Anyone can oppose the application on absolute grounds but only the owner of an earlier trade mark or earlier right may oppose on relative grounds.