What is the meaning of objected status in trademark?
What is the meaning of objected status in trademark?
When the status of the trademark in the Indian Trade Mark Registry website is shown as ‘objected’, this means that the trade mark examiner has raised an objection against the Trade mark in the examination report.
Can I use objected trademark?
To overcome a trademark objection under absolute grounds for refusal, the trademark applicant can submit proof to show that the mark has acquired a distinctive character by virtue of its prior use.
How do you respond to a trademark objection?
How to respond to an objection?
- The first thing one must do is file a counter statement to the objection.
- This must be done within 2 months from the date of receipt of the notice of objection.
- Failure to file an objection within 2 months will change the status of the application to Abandoned.
How do I check a trademark status?
How to check the trademark status?
- Access the IP India Website.
- Select National/IRDI number.
- Provide the trademark application number.
- View the trademark application information.
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 do you remove a trademark objection?
If some goods are in the wrong class: trademark reply to change the application to delete the items that do not fall under the proposed class. If the objection is because of the grounds (the mark is not distinctive): file a reply stating that your mark can be differentiated from the foods and services it stands for.
Can I change trademark name after objection?
1. Can you edit a trademark? Yes, once given, the trademark can still be amended by filing Form TM 38.
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 opposed status in trademark?
A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. Any person, natural or legal, may file an opposition with the Registry.
How long is a trademark valid for?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
How long does a trademark registration take?
around 18-24 months
Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.
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.