The term “trademark” is defined under the Trademark act,1999. Section 2(1) (zb) stated that the trademark is the mark, which is represented by the different shape, size, color, word, slogan etc. that create a difference between the goods or services from one person choose of others. A trademark registration is to be done so that the no other person can used another person trademark for its own benefit.

Object of Trademark

The trademark is used to protect the person from fraud and misrepresentation done by the other services to make their product sell on the behalf of using another person trademark. It provides the legal protection to raise the objection in trademark.

Essentials of Trademark

There are some essentials of trademark which are given below-

1.Originality- The trademark has its own original mark that create a different identity among other products to attract the buyers to purchase their own brand name product.

2. Guarantees the quality- People used the original brands products because they want the quality in product and that is represented by the trademark.

Trademark objections

When there is an any similarity is shown between the trademarks, the formal claim is made by the party against another party that third party has invaded his trademark and at this point trademark objection is taken by the former party against third party.

Trademark objection is taken when certain infringement is visible-

1. As per section 9 when the registrar refuses to register your trademark because of there is no distinguishment in goods and services from one those of another person and after refusal the party use the similar trade mark the objection is taken by the party whose trademark you are using.

2. As per section 11 when the registrar refuses because of relative grounds that there is a similarity between the trademark, and which creates a confusion between the people to buy the original products the objection is to be taken.

Objection under accepted or advertised Trademark

As per section 21 any person may that is discretionary give the notice in writing and can file an application of opposition against the trademark that has been accepted and advertise.

For the purpose of taking objection, it can be filed within four months from the date of acceptance of trademark.

When your trademark is opposed you receive the notice from the opposition, and you must give reply within 2 months.

Notice- If the trademark is not accepted for registration, the registrar gives the notice to the applicant that there is opponent who take objection on this trademark.

Counterstatement by appellant - After seeing the notice the applicant gives the counter statement.

Evidence by opponent- After giving the counter statement by the appellant in reply of it the opponent gives the evidence that in which point, he is taking objection.

Counter evidence- when the opponent gives the evidence on the reply of it the counter evidence is presented by the appellant that registration is to be done.

Hearing by registrar- After considering both the party evidence the registrar does the hearing and give the decision as per the law. If the registrar refused the application of opponent the applicant makes registered it trademark and after 10 years passing, he makes the renewable in trademark.

As per section 73 when the application is accepted the registrar may advertised and section 21 shall apply.

How we can help you

If there is any trademark objection, you can reach us on bestlegalservices.in, we have a team of professionals having a strong knowledge in filing the reply to trademark objections.