Intellectual Property / Trademark / Filing reply to objection raised by Trademark Office

Filing of reply to objections raised by trademark office

A trademark is the unique identity of a business that helps its product and services standout from other products. It can be in the form of a photograph, logo, word or a combination of color and graphics. It is imperative to get these unique identities registered, as it is the ‘Intellectual Property’ of the business. Registering a trademark allows a company to protect their brand from trademark infringement. 

The Trademarks Act, 1999 was enacted by the Government of India to protect the users of trademark. It aims at protecting the trademark users and providing legal remedies if their rights are infringed. Trademark helps in identifying the true owner of the product/service; and it protects the trademark user from Trademark Piracy by preventing any unauthorized usage of it by anyone apart from the owners of the product/service. 

Why will the Registrar raise an objection to the application?

An objection to register the trademark can be raised by the Registrar in circumstances where the trademark is not distinctive and if the trademark has a common name, name of a place and common geometrical devices. Further, it may also be rejected on the grounds that the trademark is too broad or not related to the goods and services of the applicant. These provisions can be found under Section 9 and 11 of the Trademark Act, 1999.

Process of filing a reply:

  1. After the objections have been communicated to the applicant through a due notice, the applicant must file a counter statement within 2 months from the date of notice.
  2. The counter statement must include strong evidence to support your statement.
  3. A proof of usage of the mark on your goods, the office website, brochures or pamphlets must be produced.
  4. In case it turns out that the trademark is similar to another company’s mark then you must produce a no-objection certificate. or any other significant place. For 3D marks, accurate pictures may be expected.
  5. In the case of similarity, the applicant can either demonstrate the distinction between the marks or can make alterations in his mark.

Service Delivery Process followed by White Code Legal:

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients shares a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

Service Inclusions

  • Professional Fees

Service Exclusions

  • GST, Government Fee and other Additional Taxes

Why White Code Legal?

At White Code Legal we prioritize and always strive to deliver client satisfaction. Keeping focus on maintaining affordable prices and delivering excellence we aim to make worth every penny our clients spend with us, and build a lasting relationship with them.