Quick Answer: How do you solve an objected trademark?

How do you clear an objected trademark?

Once the counter is filed, the Registrar may call for a hearing if he rules in favour of the applicant the trademark will be registered. If he rules in favour of the opposing party, the trademark will be removed from the Journal and the application for registration will be rejected.

What happens if a trademark is objected?

Whenever a trademark objection is raised, the application status will be marked as ‘Opposed’. In the case of a registered trademark, the same will be marked as ‘Objected’ in the Indian Trademark Registry.

How do you raise a trademark objection?

To raise a Trademark Objection

  1. The examiner, public or third party can file an opposition within four months.
  2. The status of the application will be change to Opposed.
  3. The grounds of opposition is stated.
  4. After this, notice the applicant about the opposition, and the grounds stated.

™ – 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.

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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.

Can you fight a trademark?

How can I challenge a trademark registration or application? … You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

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.

Can you register a trademark that has been abandoned?

Ultimately, if a trademark is truly abandoned or dead, you can refile for the trademark and obtain registration, but you will need to go in and start from scratch. You can’t just take over someone else’s application or registration.

What happens in a trademark hearing?

Overview. A trademark hearing is a physical appearance before the registrar of trademarks both in person or by a trademark attorney or trademark agent for removing the objections proposed under review from a report announced after a trademark registration statement or application.

How do you file an objection?

Filing an Objection

  1. a statement giving the specific ground upon which the Objection is being filed;
  2. 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;
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Who can register the trademark?

An Individual (Person)

An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.

How do I verify a trademark?

Steps to Check for a Trademark

Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.

How do I check a trademark?

Steps to Check Trademark Status

  1. Step 1: Log on to the website –http://ipindiaonline.gov.in/eregister/eregister.aspx.
  2. Step 2: On the left side of the page, the first option that reads ‘Trade Mark Application/Registered Mark’ is to be selected. …
  3. Step 3: Next, the trademark application number has to be entered.

How long does a trademark registration take?

A trademark registration now takes about 6 months to 1 year to process a trademark registration application. Moreover, once the trademark gets registered, the same is valid for a time period of 10 years which can be easily renewed every 10 years before expiry of the trademark.