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How to face trademark objection?

Posted on January 13, 2023January 13, 2023

A trademark objection is a formal objection raised by the trademark examining authority against the registration of a trademark. The objection may be raised on several grounds such as similarity with an existing trademark, lack of distinctiveness, or use of prohibited words or symbols. In this article, we will discuss the steps to be taken to face a trademark objection process.

Step 1: Understand the Objection

The first step in facing a trademark objection is to understand the grounds on which the objection has been raised. The trademark examining authority will provide a detailed explanation of the objection in the official objection notice. It is important to read and understand the notice carefully to determine the nature of the objection and the evidence required to overcome it.

Step 2: Gather Evidence

The next step is to gather evidence to support your trademark registration. This may include evidence of use of the trademark in commerce, evidence of distinctiveness of the trademark, or evidence of any other relevant facts. It is important to ensure that the evidence is relevant and reliable, and meets the legal requirements as per the Trademark Act.

Step 3: Respond to the Objection

Once you have gathered the necessary evidence, the next step is to respond to the objection notice. The response should be in the form of a written submission, which should include detailed arguments and evidence to support your case. It is important to address all the grounds of objection raised by the trademark examining authority in the response.

Step 4: Submit the Response

The response to the objection notice should be submitted within the deadline specified in the notice. It is important to ensure that the response is complete and accurate and that all the required documents and evidence are attached.

Step 5: Attend the Hearing

If the trademark examining authority is not satisfied with the response, it may call for a hearing. The hearing is an opportunity for you to present your case in person and answer any questions raised by the authority. It is important to be well-prepared for the hearing and to present your case in a clear and convincing manner.

Step 6: Appeal

If the trademark examining authority refuses the registration of the trademark, you have the option to appeal to the Intellectual Property Appellate Board (IPAB). The appeal should be filed within the specified time limit and should include detailed arguments and evidence to support your case.

In conclusion, a trademark objection can be a challenging obstacle to overcome, but with the right approach, it is possible to overcome it. The key is to understand the grounds of the objection, gather relevant and reliable evidence, respond to the objection notice in a timely and effective manner, attend the hearing if called for, and appeal if necessary. With the right strategy and persistence, it is possible to overcome a trademark objection and secure the registration of your trademark.

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