Respond to Tm Objections

(6 customer reviews)

Respond to Tm Objections

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Respond to Tm Objections

(6 customer reviews)

 

 

Understanding Trademark Objection

Trademark Objection refers to a stage in the trademark registration process where the trademark application undergoes examination by the Registrar of Trademarks. At this stage, a competent officer carefully scrutinizes the application to ensure compliance with the provisions of the Trademark Act and its applicable Rules.

During the examination process, the Trademark Registrar may raise objections if the applied trademark violates any rules or laws governing trademark registration. These objections can arise due to various reasons, such as similarity with an existing trademark, offensive or objectionable elements, lack of distinctiveness in the design, and more.

In the event of a trademark objection, the applicant is required to submit a comprehensive reply within a stipulated timeframe, usually within one month from the date of issuance of the objection. The reply must address the concerns raised by the Registrar and provide suitable explanations or amendments to overcome the objections and proceed with the trademark registration process.

Common Reasons for Trademark Objections:

  1. Incorrect Trademark form usage
  2. Inaccurate Trademark applicant name
  3. Absence of Trademark form TM-48 filing
  4. Incorrect Address provided in the Trademark application
  5. Ambiguous specification of Goods or Services
  6. Presence of an identical or similar existing Trademark
  7. Lack of distinctiveness in the Trademark
  8. Deceptive nature of the Trademark

 

Trademark Objection Response Procedure

  1. Collection of Basic Information: Gather all essential details related to the trademark application and the objections raised by the examiner.
  2. Consultation and Grounds Analysis: Consult with an experienced IP lawyer to understand the grounds of objection raised by the examiner. Discuss and analyze suitable responses to the examination report.
  3. Response Drafting: The IP lawyer drafts a comprehensive response addressing each objection raised by the examiner. The response aims to provide explanations, arguments, and evidence to overcome the objections.
  4. Filing of TM Objection Reply: Submit the drafted response, along with any supporting documents, to the Trademark Registrar as an official reply to the objections raised.
  5. Registrar Hearing (if necessary): If the response is deemed unsatisfactory by the Registrar, they may schedule a hearing. During the hearing, the applicant is given an opportunity to address the issues raised and provide further clarifications or arguments to support their trademark application.

 

Responding to a Trademark Objection:

Elements to Include in the Trademark Objection Reply:

  1. A brief and specific answer to the objection: Provide a clear and concise response addressing each objection raised by the Trademark Examiner.
  2. Relevant case laws to support your objection: Include references to relevant legal precedents or case laws that support your position and demonstrate the validity of your trademark application.
  3. USER AFFIDAVIT to prove extensive usage: Submit a User Affidavit detailing the extensive usage of the trademark in commerce. This affidavit should provide evidence of the continuous and substantial use of the mark in connection with the goods or services.
  4. Other evidence supporting inherent usage and distinctiveness: Present additional evidence, such as sales records, advertising materials, customer testimonials, or market surveys, to establish the inherent usage and distinctiveness of the mark in the relevant marketplace.

MyLawPoint for property document verification was 100% worth it. Initially, I hired a lawyer for bank loan document processing but was disappointed with their professionalism. MyLawPoint connected me with an expert advocate who articulated all possible pitfalls in purchasing the property (DC Survey 66/1 Chikkanagamangala) from Reliaable Developer. Their detailed legal report helped me avoid a potential loss of 80 lakhs. I'm grateful for MyLawPoint's excellent coordination and swift document collection. Thank you to their team for saving me from a risky investment.

Govind

I purchased a flat in Hyderabad, but the builder delayed possession beyond the committed date. This caused significant financial strain as I was paying high EMIs and rent, leaving me with no money at month-end. Feeling stressed and helpless, I discovered MyLawPoint. Their Property Expert Lawyer suggested sending a legal notice to the builder and appealing to RERA for the delayed possession. Thanks to their guidance, I received compensation from the builder for the delay and finally gained possession of my flat. MyLawPoint's support was invaluable in resolving this effectively.

Malani

I had an exceptional experience with MyLawPoint. Their support throughout the entire process, from Property Paper Verification to the Sale Deed Registration, was truly comprehensive and invaluable. The level of service they provided exceeded my expectations, and I am highly satisfied with the outcome. Their dedication to keeping me informed with timely updates at every step of the way further showcased their professionalism and commitment to client satisfaction. I wholeheartedly recommend MyLawPoint to anyone in need of legal support for their property transactions.

Gerald Gilbert

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Frequently Asked Question

Is Stamp Duty included in MyLawPoint's fee?

No, stamp duty is not included in MyLawPoint's fee. It should be paid separately, and our lawyers will assist you in procuring it.

How long does it take to register the property?

The time taken for property registration varies based on the sub-registrar office and property registration flow. Typically, after document submission to MyLawPoint, expect 3-7 days for lawyer-assisted property appointments with the local sub-registrar office.

Do I need to be present at the Sub Registrar Office?

Yes, while MyLawPoint handles appointments and formalities, your presence at the sub registrar’s office is required on the day of registration appointment.

Can an Agreement to Sell be cancelled?

Yes, an Agreement to Sell can be cancelled through mutual consent or if a condition in the contract permits cancellation. However, penalties or consequences may be specified in the agreement for cancellation.

Respond to Tm Objections

On Sale
(6 customer reviews)

 

 

Understanding Trademark Objection

Trademark Objection refers to a stage in the trademark registration process where the trademark application undergoes examination by the Registrar of Trademarks. At this stage, a competent officer carefully scrutinizes the application to ensure compliance with the provisions of the Trademark Act and its applicable Rules.

During the examination process, the Trademark Registrar may raise objections if the applied trademark violates any rules or laws governing trademark registration. These objections can arise due to various reasons, such as similarity with an existing trademark, offensive or objectionable elements, lack of distinctiveness in the design, and more.

In the event of a trademark objection, the applicant is required to submit a comprehensive reply within a stipulated timeframe, usually within one month from the date of issuance of the objection. The reply must address the concerns raised by the Registrar and provide suitable explanations or amendments to overcome the objections and proceed with the trademark registration process.

Common Reasons for Trademark Objections:

  1. Incorrect Trademark form usage
  2. Inaccurate Trademark applicant name
  3. Absence of Trademark form TM-48 filing
  4. Incorrect Address provided in the Trademark application
  5. Ambiguous specification of Goods or Services
  6. Presence of an identical or similar existing Trademark
  7. Lack of distinctiveness in the Trademark
  8. Deceptive nature of the Trademark

 

Trademark Objection Response Procedure

  1. Collection of Basic Information: Gather all essential details related to the trademark application and the objections raised by the examiner.
  2. Consultation and Grounds Analysis: Consult with an experienced IP lawyer to understand the grounds of objection raised by the examiner. Discuss and analyze suitable responses to the examination report.
  3. Response Drafting: The IP lawyer drafts a comprehensive response addressing each objection raised by the examiner. The response aims to provide explanations, arguments, and evidence to overcome the objections.
  4. Filing of TM Objection Reply: Submit the drafted response, along with any supporting documents, to the Trademark Registrar as an official reply to the objections raised.
  5. Registrar Hearing (if necessary): If the response is deemed unsatisfactory by the Registrar, they may schedule a hearing. During the hearing, the applicant is given an opportunity to address the issues raised and provide further clarifications or arguments to support their trademark application.

 

Responding to a Trademark Objection:

Elements to Include in the Trademark Objection Reply:

  1. A brief and specific answer to the objection: Provide a clear and concise response addressing each objection raised by the Trademark Examiner.
  2. Relevant case laws to support your objection: Include references to relevant legal precedents or case laws that support your position and demonstrate the validity of your trademark application.
  3. USER AFFIDAVIT to prove extensive usage: Submit a User Affidavit detailing the extensive usage of the trademark in commerce. This affidavit should provide evidence of the continuous and substantial use of the mark in connection with the goods or services.
  4. Other evidence supporting inherent usage and distinctiveness: Present additional evidence, such as sales records, advertising materials, customer testimonials, or market surveys, to establish the inherent usage and distinctiveness of the mark in the relevant marketplace.

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₹6,499.00

Product price: ₹6,499.00
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