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Trademark Objection Reply
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Trademark Objection
A trademark objection is a formal examination of the registration of a trademark. It is raised by the examination officer from the Trademark department who examines the trademark and checks if the proposed trademark is similar or identical to an existing trademark and that its registration would cause confusion among consumers or damage the registered trademarks. The trademark objection can be raised during the examination process or after the mark is published in the Trademark Journal.
When an objection is raised, the trademark department will notify the applicant and give them an opportunity to respond. The applicant can either abandon the application or submit a reply along with the evidence to support their case. The Trademark department will then review the evidence and make a decision on whether to allow the registration of the trademark or to refuse it.
What are the reasons for trademark objections?
There are several reasons why the trademark department may raise an objection to the registration of a trademark:
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Similarity: If the proposed trademark is similar or identical to an existing registered trademark or a pending application, the trademark department may object to its registration on the grounds that it is likely to cause confusion among consumers.
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Misrepresentation: If the proposed trademark contains any false or misleading information, the trademark department may object to its registration on the grounds that it misrepresents the nature, quality, or origin of the goods or services.
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Offensive or scandalous: If the proposed trademark contains any offensive or scandalous material, the trademark department may object to its registration on the grounds that it is not in the public interest.
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Generic or descriptive: If the proposed trademark is generic or descriptive, the trademark department may object to its registration on the grounds that it is not capable of distinguishing the goods or services from those of others.
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Lack of distinctiveness: If the proposed trademark is not distinctive, the trademark department may object to its registration on the grounds that it is not capable of identifying the goods or services of a particular trader.
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Lack of use: If the proposed trademark has not been used in commerce, the trademark department may object to its registration on the grounds that it has not acquired distinctiveness.
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Bad faith: If the proposed trademark was filed in bad faith, the trademark department may object to its registration on the grounds that it was filed with the intention of taking unfair advantage of the reputation of another trader.
What are the documents required?
Without valid documentation, a valid trademark application cannot be filed. The documents that the trademark department accepts for trademark registration are listed below:
Trademark application
Trademark examination report
Declaration for file reply
Brand name/logo/tagline
How it works
Consultation
Schedule a free consultation call with our experts to discuss your needs and goals. Our team will provide personalized advice to choose from different type of trademark applications and services for your specific requirements
Documentation
We help you gather, prepare, and verify all necessary documents. Our comprehensive checklist and expert guidance ensure that your paperwork is complete and accurate, reducing delays and complications.
Processing
Once your documents are ready, we handle the entire registration process. Our team keeps you informed with regular updates, ensuring a smooth, stress free and transparent experience from start to finish.
Completion
Achieve Milestones Effortlessly as you receive your Registration Certificate of Trademark and other documents promptly. Our full support ensures you’re ready to start and get your trademark registered successfully.
Ongoing Support
Stay compliant and stay confident with Let's Start by your side. Our comprehensive corporate compliance services ensure your business adheres to all legal requirements, allowing you to focus on growth and success.
Our Clients love us!
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Frequently Asked Questions (FAQs)
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What is a DIN?DIN is an eight digit unique Director Identification Number, with a life time validity, allotted by the Central Government to any person intending to be a Director or an existing Director of a Company.
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What is a DSC?A Digital Signature Certificate (DSC) is the digital equivalent (electronic format) of physical or paper certificate. Digital signatures provide the highest levels of assurance about the signer's identity and the authenticity of the documents they sign.
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Is a Company required to re-register in the future?No, a Company is not required to be re-registered. A Company has perpetual succession, which means it enjoys continuous existence as long as the Company complies with the statutory and regulatory filings.
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Can a home address be used as the registered office address of the Company? Is it possible to change the address after incorporation?Yes, a home address can be used as the registered office address of the Company, which can also be changed after incorporation.
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What is ROC?The Registrar of Companies (ROC) is an office under the Ministry of Corporate Affairs (MCA), which is the body that deals with the administration of Companies and Limited Liability Partnerships in India.
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Are the Directors or Shareholders required to visit the ROC for the incorporation of their Company?The entire incorporation process is completed online. The incorporation documents are filed electronically and don’t require the Directors or Shareholders to visit the ROC physically.
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Are their any rules to choose the Company name?There are certain naming guidelines put in place by the Registrar of Companies, which are required to be followed. Abiding by the guidelines ensures easy approval of the name.
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Can I work in a company as a salaried employee and also be the Director of my own Company?Yes, an employee of a Company can also be a Director in another company. However, the terms of the employment/service agreement/appointment letter have to be checked to ensure there are no restricting clauses.
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What is the minimum capital requirement for incorporating a Company and how is it invested in the business?There is no specific minimum capital requirement for incorporating a Company. The capital must be deposited by the Shareholders in the bank account of the Company for running the business.
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Can NRIs or foreign nationals incorporate a Company in India?Yes, NRIs or foreign nationals can incorporate a Company in India. However, the Act requires at least one of the Directors to be an Indian Resident.
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What is the meaning of limited liability?Limited liability is a form of legal protection for shareholders and owners that prevents individuals from being held personally responsible for their Company’s debts or financial losses. It is the condition by which shareholders are legally responsible for the debts of a Company only to the extent of the nominal value of their shares.