Trademark Objection Reply

Understanding Trademark Objection Reply

Trademark objections are quite common and many trademark applications encounter them. However, not all objections are justified. It’s important to be careful when filing a trademark application because if an objection is raised by the examiner, it can delay the process significantly.

Documents Required for Trademark Objection Reply

When responding to a trademark objection, you’ll need the following documents:

• Authorization -TM-48: Form TM-48 is required to authorize a trademark attorney or agent to represent you in responding to the objection.

• Examination Report or Application Number: You’ll need the examination report or the application number of your trademark for reference in the response.

• ID Proof: Provide a valid identification proof, such as a passport or driver’s license, to verify your identity.

• Address Proof: Submit a document, like a utility bill or lease agreement, as proof of your address.

• Affidavit of Usage: If your trademark is in commercial use, include an affidavit or declaration stating the same.

• Supporting Evidence of Trademark Usage: Include evidence, such as sales invoices, advertisements, or product packaging, to demonstrate the commercial usage of your trademark.

Process of Responding to Trademark Objection

When your trademark application faces an objection, the process of responding to it involves several key steps:

Step 1: Analyzing Trademark Objection

Understand the objection raised by the examiner, the reasons behind it, and the specific section of law it relates to.

Step 2: Drafting the Trademark Objection Reply

Prepare a detailed reply addressing the objection with:

• Reasons and facts supported by legal rules and judgments.
• Evidence like an affidavit confirming trademark usage on your website, social media, advertisements, and e-commerce platforms.

This response helps prevent your trademark from being abandoned or rejected and moves it forward for further consideration.

Step 3: Trademark Hearing

If your response is accepted, objections can be waived, and your trademark application may proceed for advertisement before registration. The registry may request additional clarifications during a trademark show cause hearing.

Step 4: Publication in Trademark Journal

After the hearing, if the outcome is positive, your trademark will be accepted and published in the Trademark Journal. If the outcome is negative, a Refusal Order stating the reasons will be issued. You can appeal this order within 30 days with a review petition.

Step 5: Registration

If there are no oppositions within 4 months of publication in the Trademark Journal, your trademark proceeds towards registration, and you receive a Registration Certificate. If there are oppositions, the opposition proceedings follow the legal rules.

How TRO (Trademark Registration Online) Can Help

TRO, an attorney firm specializing in trademark registration, can be a valuable resource in responding to trademark objections. Here’s how they can assist you:

• Legal Expertise: TRO has a team of experienced attorneys who understand trademark laws and regulations. They can provide expert advice on how to navigate the objection process effectively.
• Response Preparation: TRO can help prepare a professional and persuasive response to the trademark objection, ensuring that all legal requirements are met and supported by strong evidence.
• Representation: TRO can represent you in communications with the trademark authorities, advocating for the approval of your trademark application.

By working with TRO, you can increase your chances of successfully addressing trademark objections and securing approval for your trademark.

Difference between Trademark Objection and Opposition

The key difference lies in when and by whom they are raised:

1. Trademark Objection:

   • Raised by the examiner during the initial stages of trademark registration, shortly after the application is filed.
   • Focuses on legal and technical aspects of the application, such as incorrect forms, incorrect applicant details, or conflicting trademarks.

2. Trademark Opposition:

   • Raised by any person or entity who disagrees with or has concerns about the trademark.
   • Occurs after the trademark has been advertised in the Trademarks Journal for a period of 4 months.
   • Involves objections based on potential conflicts with existing trademarks, misleading or deceptive elements, or other substantive issues.

In summary, objections are raised by examiners early in the process, while oppositions can come from external parties after the trademark has been publicized for a certain period.