Trademark registration in India allows the applicant to use symbols or words to represent a business or the products that are offered by a business to distinguish the goods or services that are offered by them from the competitors. After the trademark is registered in India no other organization cannot use it as long as it remains in use.
The “™" symbol can be used with the trademark applicant with the brand once it is registered. Trademark registration is an asset for the company to protect the brand name it is necessary to apply for trademark registration in India. It is always better to obtain the trademark registration under the guidance of an expert as the process has various steps to be followed and also requires regular follow-up from the government.
IndiaFilings has helped thousands of applicants across India to get their trademark registered.
Trademark objection happens to be one of the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial; instead, the trademark registrar seeks a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.
In the event of a trademark objection, a comprehensive reply needs to be filed within a month from the objection's date of issuance.
There are several reasons for Trademark objections like similarity with an existing trademark, offensive trademarks, absence of uniqueness, etc.
Often, during the trademark registration process, the registrar raises objections to the applied trademark if it violates the trademark registration rules and laws.
Trademark registration creates an identity for the brand and differentiates it from other available services or products that are available in the market. Protecting a Trademark is very important if one wants to maintain its distinct identity. But there are some cases when someone would stop you from claiming your right. Hence, we need to understand the concept of Trademark objection.
Any person can oppose a trademark application filed by an applicant for various reasons during the trademark application stage.According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of his commercial or personal interest in the matter.
A trademark can be countered by filed by a customer, member of the public or competitor, or any other person. Also, the person filing the trademark opposition needs to be a prior registered trademark owner.