Trademark Objection
Starting From Rs.2950
All inclusive price
Company registration with 2 DSC, 2 DIN, MOA , AOA, all related government fee & stamp duty*, PAN, TAN, ESI & PF registration, bank account opening, Commencement of Business and LEDGERS accounting software. Inclusive of all government fees and taxes.
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WHAT IS A TRADEMARK OBJECTION?
The Trade Marks Office can, for various reasons, have objections to your trademark application. This may be because the word or logo is too similar to an existing trademark, because it could hurt religious sentiments or if it is likely to cause confusion, among various other reasons. You must file your response to this objection within a month from when the Examination Report has been published online. If it has been sent to you or your lawyer, then a month from when it was received. If you don't, the Registrar could abandon the application altogether.
WHY RESPOND TO A TRADEMARK OBJECTION
Likely Clearance
If you respond with clear evidence regarding the distinctiveness of your trademark, the chance that your application will be cleared is high. So there's no reason for your application to be abandoned just because of the objection. The Registrar may only need a clarification.
TRADEMARK OBJECTION PROCESS
1 WORKING DAY
If you have filed your trademark with us, we will inform you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection. If you are not a customer, it's best you contact us within a month from the publication of the report.
6 WORKING DAYS
We will put you in touch with our lawyers, who will understand your case and frame the correct response and affidavit (if required). The response will be submitted.
30 WORKING DAYS
If the Registrar does not accept your initial response, an interview is scheduled, where the arguments would need to be presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.
Documents required for Company Registration
To register a company, various documents are to be submitted to the MCA as follows:
PAN Card: PAN Card copy of the proposed Directors of the Company will be required for Company Registration.
Address Proof: The address proof submitted must have the name of the Director as mentioned in the PAN Card and the most current address of the Director.
Residential Proof: The residential proof must also contain the name of the Director as mentioned in the PAN Card and must not be older than two months.
Registered Office Proof: In addition to providing identity, address and residential address for the Directors, proof must be provided to validate the registered office address of the Company.
- The registered document of the title of the premises of the registered office in the name of the company; OR
- The notarized copy of lease / rent agreement in the name of the company along with a copy of rent paid receipt not older than one month;
In addition to the above, the following must also be provided as proof of registered office:
- The authorization from the Landlord (Name mentioned in the Electricity Bill or Gas Bill or Water Bill or Property Tax Receipt or Sale Deed) to use the premises by the company as its registered office. This is usually referred to as NOC from Landlord; AND
- Proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, which is not older than two months.
Reasons to Register a Company in India
Separate Legal Entity
Separate Legal Entity
Separate Legal Entity
Separate Legal Entity
Separate Legal Entity
Separate Legal Entity
What is the Price I Need to Pay for Registering a Company?
Pay as you go grow pricing
All Inclusive Pricing - No Hidden Fee
Basic
Drafting and filling of reply for objection raised by trademark examiner . Exclusive pricing for trademark applications filed by Vakeelji .
Advance
Drafting and filling of reply for objections raised by trademark Examiner with fresh form -48 . For trademark applications filed by third parties .
Frequently Asked Questions
An objection takes place in one of the initial stages the registration of a trademark. The registrar or the examiner may file the trademark objection on absolute (section 9) or/and relative grounds (section 11).
The reasons for trademark registration refusal can be classified into two categories:
- Absolute grounds of refusal – relates to a trademark’s inability to be distinguishable or graphically portrayed.
- Relative grounds of refusal – are always linked to previous trademarks and their associated rights.
Following the filing of an objection, the applicant will be notified of the objection as well as the grounds for the objection.
- The first step is to respond to the objection with a counter statement.
- This must be completed within two months of receiving the notice of objection.
- If no objection is filed within two months, the application will be marked as Abandoned.
- The Registrar may call for a hearing once the counter is filed, and if he rules in favour of the applicant, the trademark will be registered.
- If he determines in the opposing party’s favour, the trademark will be removed from the Journal and the registration application will be denied.
The applicant may file an appeal with the Intellectual Property Appellate Board at this point (IPAB)
The appeal must be filed within three months of the date of the Registrar’s order. In failure of applying within the given time frame, the applicant must state the reason for delay with a prescribed fine.
The response must be provided within 30 days of the examination report’s release date.
The trademark examination report of the trademark opposition is available on the IPI India website.
The examiner of trademarks raises a trademark objection, whereas the opposition is made by a third party who disputes the trademark’s reliability. By third party it is meant public in general.
It’s advisable to challenge a trademark rejection and/or file a fresh trademark application, depending on the situation. It is necessary to register a trademark in order to pursue legal action against infringers.
