Once an objection is raised on a Trademark, the Registrar summons both parties for a hearing. The Trademark applicant can proceed further with the registration if he wins. If the verdict goes in favor of the opposition party, the trademark registration application will be rejected and will be removed from the Journal as well.
A detailed reply to an objection must be filed within one month of the date of the objection’s issue. The Trademark objection reply takes 3 to 6 months in general. The government charged no fee for filing a reply against any Trademark objection.
After the issue of Trademark -12, a Trademark objection was raised by the Trademark Examiner to analyze the Trademark. The Examiner will take 30 to 60 days to analyze it and change its status.
If the Trademark gets opposed by a third party and the registrar authority finds it true then the Trademark registration will be rejected by the applicant.
The documents required for renewing a Trademark include a copy of the registration certificate, a copy of the TM-A form (original trademark registration application), ID & address proof of the applicant, and power of attorney (If the applicant is an agent or an authorized representative).
Trademark renewal can be done online with the help of a Registered Trademark Attorney in India. Applicants need to pay the required renewal fee and additional fee in case of late payment to get their Trademark renewed. A renewal application must file six months after the expiration of the current Trademark registration.
Trademark objection is the primary or initial stage and Trademark opposition is the later stage of the registration. The objection can be done by the Trademark Examiner to examine the Trademark whereas the opposition is made by the third party against the registration of a Trademark.
There are certain ways to settle an opposition Trademark that includes – Withdrawing Trademark application Having enough evidence to win the opposition case Modifying the Trademark
The Trademark got rejected when it contains immoral, false, or scandalous words, symbols, or images. It will also reject the Trademark containing the Indian flag or the flag of any other nation or state, or any other municipality.
Trademark objection section 11 and section 9 of the Trademark Act 1999 can be used by the registrar to object to any Trademark. Applicants can file a response within a month of the date of receipt of the examination report. This response or counterstatement can be filed through a TM-0 application.