Claiming ownership by registering a name or symbol is a trademark. While a trademark is registered no other party can use or claim over the registered property without the approval of the owner. In case of infringement of this right owner can file a petition in court. So basically, a trademark is the ultimate protection of a company's future from other party infringements taking over the markets. In registering a trademark some procedures have to be followed like after applying it undergoes a meticulous check and processed through objection or hearing afterward. Trademark objection is not the straight rejection to the claim of ownership but an inspection for the explanation about examined reason to the registrability. The trademark objection takes place when a trademark registrar, public, or a third party opposes a filed application of trademark registration. Upon objection, to this trademark application examination, the applicant has to reply to the valid reasons of aroused questions regarding the opposition of the registrar.
Reason for objection?
Trademark application is said to be ‘opposed’ when any question arises regarding trademark registration application. Mainly a registrar can file an object towards trademark registration application for the following two reasons:
Incomplete or improper application:
When an application lacks or contains improper personal or organizational details and not distinctive name or symbols a registrar will place an objection. An application needs to be placed with no error or misinformation.
If a trademark registration duplicates or gets similar to any other trademark that existed before the registrar files an objection.
- Upon publication of trademark registration, a 30days trial is placed to file an objection by a third party or public to claim any irregularities or improper information.
- When a trademark is used before registrations or after the expiration of registration a third party can oppose the trademark registration to a certain authority.
Again, a third party might file an objection on the following grounds:
If reply should be made in a draft if a similar case has been to court with legal expertise referral. Again, if the applicant wants to reply to a different registrar agent then anew copy of the power of attorney also a draft of objection is to be placed.
When an object is placed for trademark registration notice is sent to the applicant informing the valid reasons and chance to clear those objections online. A 30 days’ time limit is given to the applicant to make a reply to the objections and proof of authenticity to those replies has to be submitted alongside. In case of a failed reply to the objection, the application will be declared ‘abandoned’ the applicant requests a time extension of another 30days with a valid reason why he needs it.
Why reply is necessary?
Trademarks are said to be the legal name of ‘Branding’. Upon trademark examined objection a reply is necessary to clear all the aroused questions regarding trademark registration and to earn a trademark of own’s company to enjoy all the benefits trademarks provide. A reply with all information and verified proof gets the highest chance for approval of registration. If the given 30days time limit expires and upon requests applicant is granted another 30days and still, someone or some organization fails to send a reply to the objection to a certain authority the application is declared as ‘Abandoned’. This is the straight rejection of the claim of ownership of a trademark. The applicant to get a trademark then have to apply again with a new form following all the instruction of trademark registration.
How to reply
The trademark registration application is declared ‘Objected’ upon examining the application crucially. A copy of the report is sent to the applicant to understand and evaluate the reasons for objections and to clear those objections accordingly with a valid reply within the 30days time limit. The process to effectively reply to the aroused question of objections and to clear those objections is given below:
- Analyze: With receiving the examination report the applicant first needs to examine the report on his own or with any associated legal person.
- Documents: A solid clarification is to make on why the registration application should be approved. Necessary documents are the power of attorney, reply documents, and documentary proof of where this trademark is used and will be in further use.
- Attachment or drafting: A trademark reply asks for proof or authenticity documents to be drafted with a valid reply. The attachment includes answers relevant to objections supporting the law, other evidence or proved documents, an affidavit if trademarks have been used before in websites or online channels with certain documents. This draft of trademark reply to objection is then filed in Trademark e-portal.