Trademark Registration in Coimbatore – Objection and Opposition of trademark registration is discussed in the given article.
What is trademark objection and opposition?
In the trademark registration process, there are two primary things may appear one is trademark opposition and another one is trademark objection. People often get confusion between the opposition and objection processes, here we are going to discuss about that and have a detailed explanation about the difference among them and the process of such processes.
Basic difference to be referred is trademark objections will be held by the trademark examiner whereas the trademark opposition will be held by the third party. The third party may be any person in the public who have an objection towards your applied trademark in any of the ways.
Apart from this conceptual difference, there are so many differences between these two things. Trademark objection is the essential of the examination process, where the trademark examiner checks your application and issue the trademark examination report against your mark… Most of the applications are objected and that has to be responded back within 1 month from the date of issuance of the report.
Trademark opposition is filed by the third party may be any person in the public after your mark is advertised from the trademark registry in the trademark official journal. The trademark opposition is need to be filed within 4 months from the date of publication of the trademark in the journal. The applicant requires to give response to the opposition within 2 months from the receipt of the communication from the registrar of trademarks or the applicant can apply the response once he is known that his mark has been opposed.
The table below shows up the clear clarification between the trademark opposition process and trademark objection process:
|Trademark Objection||Trademark opposition|
|This will be issued by the appropriate examiner who examine you application.||Opposition will be from the third party may be any person in the public.|
|No fees included.||The applicant requires to file a reply along with the specific applied fees.|
|Have to be responded within 1 month.||To be responded within 2 months.|
|Appeal to be applied against rejection.||Appeal bases against the judgement.|
|Acceptance of the mark will be published in the trademark journal.||The judgement will be communicated to the parties.|
The advantage of online trademark registration process in India increases the efficiency and the transparency in trademark filing. Registration of trademark goes through many stage of examination.
This process is available only for the non-text trademark application when the trademark consists a logo or figurative elements, Vienna code will be given by the registry i.e. “send to Vienna codification” which has been provided in trademark registry website. According to the Vienna agreement, figurative elements are categorized. With this trademark search will be carried by the registry. Once this Vienna codification got finished, yet there is a long term process for the registration to be completed.
Formalities Check pass:
It is the fundamental stage of trademark registration process. Trademark registry will examines about the basic needs such as whether the Power Of Attorney(POA) has been uploaded or not, whether appropriate transliteration/translation has been applied if the trademark is not in English/Hindi. If these basic needs are not completed, then the status will be shown as “Formalities check Fail”. After this process completed, then the trademark application goes through the preliminary examination. During this process, objections can be held as per the trademarks act.
Marked for the exam:
This status will be provided when the trademark application is submitted to an examiner in accordance with issue the examination report. Then the trademark registry website will provide the status as “Marked for Exam”.
The trademark application will be examined by the examiner to check whether it can be accepted to publish in the trademarks journal preceding the registration.
The following types of checks have to be done:
- Whether any same type of goods or service marks is there on the Register;
- Whether the specified manner has been carried to file the application;
- Whether the trademark which has been filed be accepted for trademark registration according to the trademarks act;
- Whether any limitation, condition or restrictions is needed to be imposed.
After this, the examiner will provide a consolidated report which indicates if any objections or else he will accept the application. It takes around 12-18 months of the time period to provide the examination report.
The objections will be held by the examiner or the registrar after examining the application. For example, objections are create under the section 9 of the trademarks act, when the examiner considers the trademarks to be descriptive of laudatory/generic goods which indicate the nature or quality of goods.
In order to prevent the objection it is indeed to provide that the trademark is characteristically distinctive and unique. The objection can also be avoided if the appropriate mark been improved a unique character according to the extensive use.
It is needed to submit a user affidavit with the co-ordinate evidences which should provide the uniqueness of the mark.
Under section 11, the objections are raised by the examiner when there is any similar/identical mark is already appear or register in the trademark registry. The examiner provides a computer generated search report which provides the list of conflicting marks.
Issuing the exam report:
Whether the trademark application is accepted for publication, then the “Exam report issued” status will be provided like this. This is used to mention that the trademark has been accepted in the fundamental examination report or change the objections been overcome by the applicant in the way of hearing or a consent submission.
If the registrar or the examiner of your application refuses the trademark application after hearing or ensuring the applicants response, then the status in the trademark registry provides as “Refused”.
The cause for the refusal may be, the third person may be any person in the public is successful for opposing against the registration of trademark. For this, appeal can be applied under the section 91 of the trademarks act with the IPAB (Intellectual Property Appellate Board) within the time period of 3 months.
Advertised before the acceptance:
If the trademark application has been published before the acceptance in the trademark journal by the registrar, then the trademark application status in the trademark registry website will provide as “Adv before accepted”. This permits any third party to oppose the trademark application within the time period of 4 months from the date of advertisement in the trademark official journal.
Where an application is published before the acceptance and the opposition submitted during the opposition period is nil, then there is a need to be accepted by the accepting officer before the registration certificate is provided. If this is done, then the trademark status will be modified to “Advertised and Accepted” and then “Registered”. The certificate of registration is generally issued within 3 months of the expiry of opposition period.
If suppose after the advertisement of the trademark, a third party who may be any person applies an opposition to the registration of the trademark which should be within four months from the date of advertisement. Then the Indian trademark registry website will provide as “opposed”.
Opposition from the third party raises only due to the following causes, if there is a similar mark already advertised in the journal or a mark is non-distinctive or which has the phonetically similar to .
After a notice of opposition is filed by the third party, the status changes from “Advertised” to “opposed”. It is necessary to file a counter statement by the applicant within the time duration of two months from the notice of opposition. The trademark application will be abandoned or refused if no such counter statement is obtained by the registry within the particular time period.
In some cases, the applicant files a requisition in accordance with the withdrawal of the application voluntarily. When the hearing officer fails to accept the trademark, the applicant may withdraw the application.
The mark will be removed or eliminated from the trademark registry then the mark will not be longer as trademarked.
The trademark registration certificate is provided by the registrar, then the trademark status will be as “Registered”. After the issuance of the certificate, the applicant becomes the registered owner and can use the encircled ® symbol next to the trademark. The registration is valid for 10 years and the renewal should be done before its expiry date from the date of registration. The trademark owner has the rights over their trademark after the registration.
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