How to object to trademark registration [Deep Research]



Last updated : Sept 30, 2022
Written by : Arnette Kittelson
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How to object to trademark registration

How do I submit a response to a trademark objection?

  1. The first thing one must do is file a counter statement to the objection.
  2. This must be done within 2 months from the date of receipt of the notice of objection.
  3. Failure to file an objection within 2 months will change the status of the application to Abandoned.

Can we use objected trademark?

The trade mark status in the Indian Trade Mark Registry website shows as “Objected” when the Registrar/Examiner has raised one or more objections in the Examination Report. After scrutinizing the trade mark application, objections may be raised by the Registrar/Examiner under Sections 9 and 11 of the Trade Marks Act.

What is the object of trademark law?

“The object of trademark law is to protect the rights of persons who manufacture and sell goods with distinct trademarks against invasion by other persons passing off their goods fraudulently and with counterfeit trademarks as those of manufacturers.”

What is the opposition period for a trademark?

Publication begins a 30-day period during which any member of the public who thinks they'll be harmed by the registration of your trademark may oppose it. They may file a Notice of Opposition, which starts a legal proceeding with the Trademark Trial and Appeal Board (TTAB) about your trademark.

How do you write a trademark counter statement?

Counter-Statement The trademark registrar would serve a copy of the trademark opposition notice to the trademark applicant after the trademark opposition notice was filed with the registrar. The trademark applicant must file the counter statement within two months of receiving the opposition notices.

How do you defend a trademark opposition?

An answer to a trademark opposition may include affirmative defenses. Examples of affirmative defenses are Opposer's unclean hands or fraud in bringing the opposition. Such defenses include that the Applicant should be entitled to registration subject to certain restrictions to its identification of goods or services.

What are the solutions for objected trademark status?

Corrective Action: The applicant can overcome an objection for incorrect trademark applicant name by requesting to correct trademark application by filing a request on form TM -16.

How long does a trademark examiner take to review an objected trademark?

After filling the TM-12 I.e replying the TM objection raised by the trademark examiner it will take 30 to 60 days to change the status of the trademark application.

What is the difference between opposed and objected in trademark?

Trademark objection is the objection raised by the Examiner of Trademarks whereas Trademark opposition is an opposition proceedings initiate by the third party. The third party here means any person present in public that may have objection towards the acceptance of your mark.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How do you violate a trademark?

Breaking Down The Elements. To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent.

Who will issue trademark?

Trademark Filing Trademark application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online. Trademark applications can be filed online by IndiaFilings.com or a trademark agent or lawyer.

Can a registered trademark be challenged?

A person can appeal to cancel the registered trademark only if they have been affected by the existence of such a trademark. The authority validates it under the following grounds: When it confuses or dupes any existing trademark. When a different person uses it and not the registered owner.

Can someone challenge my trademark?

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).

What happens after opposition trademark?

If an opposition was filed but was unsuccessful, we will register your trademark after the Trademark Trial and Appeal Board dismisses the opposition. After your trademark registers, you must periodically file maintenance documents and fees within specific time frames to keep the registration active.

How do you avoid a trademark objection?

  1. Conduct thorough trademark search.
  2. Use a distinct mark.
  3. Avoid deceptively similar marks.
  4. Avoid well known marks.
  5. Do not use common words.
  6. Coin a new word.
  7. Do not use name of geographical locations.
  8. Draft applications without any errors.

How do I file a trademark objection response online?

Process for Trademark Objection Track the status of your trademark application. Examine the trademark objection. Draft a reply. Check and recheck the reply before filing.

How do you know if a trademark is opposition?

  1. Step 1: visit www.ipindia.nic.in.
  2. Step 2: Click on Trademark Bar available on page.
  3. Step 3: Click on related links bar present under dropdown menu appearing.
  4. Step 4: Click on Trademark Status.
  5. This page will appear once you click at Trademark Status.

Is opposition and objection the same thing?

Another basic difference between trademark objection and opposition is that the objection is raised by the examiner during the early stages whereas a trademark opposition is raised by a third party who opposes the trademark registration.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.


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How to object to trademark registration


Comment by Lavone Kimmes

hi everybody this is trademark attorney Josh gurbin and I want to explain to you how the trademark registration process works so when you file a trademark application with the United States Patent and Trademark Office the first thing that happens is absolutely nothing it will sit there for four months until a USPTO examiner picks up your file and reviews it this is because the United States Patent and Trademark Office does have a significant backlog of applications they process around four hundred and fifty thousand applications a year so after that initial four months when an examiner reviews your trademark application they will either approve your application for publication which would be the next stage or they will issue an office action an office action could merely be some technical deficiencies with your application that have to be corrected or it can be as serious as a refusal of your application because of a conflict with another trademark or because your trademark is not unique enough a trademark application that's published for opposition will go for a 30-day period where anybody else can formally oppose your application if they think they're going to be damaged by it this is typically where you may hear from another company that has a similar but not identical trademark if your trademark application clears this publication period it will then typically register so long as you had filed the application based on an actual use in commerce in the United States you had sales of your goods or services when you filed the application if you filed the application based on an intent to use the trademark at this point the Patent and Trademark Office will ask you to prove that you now have sales of your products or services before your trademark can be registered once your trademark registers you will receive a trademark registration certificate in the mail from the United States Patent and Trademark Office this certificate will notify you that the mark is now registered you can begin using the circle R next to your name and your first renewal we do in five years so I hope you found this helpful if you have any further questions on how the trademark registration process works please feel free to get in touch


Thanks for your comment Lavone Kimmes, have a nice day.
- Arnette Kittelson, Staff Member


Comment by szteppm

Thanks for this interesting article


Thanks szteppm your participation is very much appreciated
- Arnette Kittelson


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