What is trademark objection and its reply?
A trademark is something that identifies the products or services of a particular business. Therefore, it is a valuable business property that needs to be prevented from being used by others to sell their products and services. What is your exact need?. Here, in this blog we will get to know about the Trademark Objection in India – Trademark Registration in Tirupur. The trademark may simply be a company or product name but does not have to be and may be:
Words – e.g. Company name or product name
Models – e.g. Shapes, symbols, patterns, logos and symbols
Sounds – e.g. Jingles
Shapes or packaging of goods – e.g. Three-dimensional (3D) shapes
Movement – e.g. Sequence of images
Smell, however, is very difficult to record
Any combination of any of the above
A trademark is a kind of intellectual property. Other types include copyright, patents and designs. The trademark may or may not be registered. The name symbol can be used after the name to denote a registered trademark. TM can be used after the name to denote an unregistered trademark.
Trademark registration features
Trademark licenses are issued in conjunction with or separately from patent and no-how licenses. The specific terms for most trademark licenses include:
Permission to use. Granting permission to use the relevant mark or marks is the first stated provision of most license agreements. The details of the mark or marks are usually listed in the schedule of the license agreement, along with the products for which the mark is to be used.
Number of licensees. It is important for the licensee to know how many other licensees will be hired to serve the licensed territory. It is also important to determine if the licensee wants to deliver within territory. Finally, it is important for the licensee to hire others to ensure that it employs its competitors on comparable terms.
Quality control. As noted above, the licensee will not use marks on products that do not meet the quality standards specified by the licensee at the heart of any registered user agreement. The quality control regulations provide the customer with a confidential basis for compliance with the specified quality standards, such as knowing all the features, technical data and licensees. Policing of this provision usually requires the customer to send the sample products to the licensee and the customer’s factory and warehouse inspections and permission of production methods, materials used, storage and packing of finished products. This agreement should allow the consumer to dispose of products that do not meet the quality standards, unless they contain the trademark.
Marketing. The license specifies the territory in which the trademark will be used. It generally contains prohibitions on trading outside designated territory and contains provisions that keep the licensee away from the licensed territory. Advertising materials designated by the licensee must be approved by the licensee.
Financial arrangements. In addition to the need for fees or royalties for permission to use trademarks, the licensee is required to pay for the facility of skilled persons to refer to the licensee’s employees in the equipment required to achieve the required quality standards in the contract. Arrangements should also be made to allocate the cost of the sample process. Finally, the licensee is generally required to keep detailed books and records of sales of trademarked products.
Violations. The licensee is generally required to report all details of the infringement to the Licensor and the Licensor will generally have the conduct of all infringing actions.
After the trademark application is filed, the Trademarks Registrar will process the application and issue a test report for the trademark. The test report may be for declaring the trademark before registration or he may object to trademark registration. There are no fixed reasons to object to the trademark application.The Trademarks office may, for a variety of reasons, have objections to the trademark application. This is because the word or logo is very similar or similar to an existing trademark or may be due to other reasons. The Trademark Examination Report is a report of an examination conducted after the Trademark Office has examined the applicability of the application, including the specificity, similarity with the pre-registration and the filing of supporting documents. A professionally drafted objectionable reply will confirm that one has good reason to believe why the application was received. If the Trademark Examiner finds an appropriate answer and solves all the questions he / she asks in the Examination Report trademark, the application will be allowed to be published in the Trademark Journal before registration. It takes the closer than an inch to use the symbol.
The law gives you the opportunity to respond professionally and to respond to trademark objections raised. You must file the response to this objection within one month of the test report being published online. If you do not, the registrar may drop your application.
The first thing one has to do is file a counter statement to the objection.
This should happen within 2 months from the date of receipt of the notice of objection
Failure to file an objection within 2 months will result in termination of the application.
The IPAB will hear the case after the case is registered. Rule 2 (m) determines the place of hearing on the jurisdiction of the case. A date will be given for the trial of the case. Hearing is like that.
The IPAB will take a decision on this case based on the submissions made by both parties.
If a party fails to present themselves on the day of the hearing, the IPAB may:
Rule on the merits of the case
Place a Part Order (when there is no party)
Remove the case
If the case is dismissed or adjudicated as a former part, a period of 30 days from the date of judgment shall be given to file a petition against the previous orders.
The case will be heard and the order issued by IPAB will stand. If the applicant is offended by the order issued by the IPAB, he has the option of filing an appeal to the High Court with competent jurisdiction. Subsequent appeals can also be filed to the Supreme Court of India.