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Objection/Opposition/Renewal Filed
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Starting From ₹ 2,999

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Trademark Objection

₹ 2,999

  • Trademark Objection/Reply Filing + Related Updates

Trademark Opposition

₹ 5,999

  • Starts from ₹ 5,999

Trademark Renewal

₹ 1,999

  • Trademark Renewal every 10 years

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What is Trademark Objection?

Trade mark objection is raised by Trade Mark examiner at the time of examination of trade mark in which an official examination report will be issued by the registrar within 3 months to 1 year of filing application of trademark registration. In simple terms, objection means expression of disapproving by regulatory authorities. There are common grounds of Trademark objections, which are as follows:

ABSOLUTE GROUND OF TRADEMARK OBJECTION

Those marks which are devoid of any distinctive character.

Trademarks which may serve in trade to designate the kind, quality, values or other characteristics of the goods and services in question.

Mark which are likely to hurt the religious of any class of citizens.

What is Trademark Opposition?

Trademark opposition is basically filed for opposing a trademark which is advertised in the journal by the trademark registry from registration. It is mainly a way to protect your trademark being misused by the others or to stop someone trying to take benefits of your creativity or efforts without your permission. For this Trade and Merchandise Marks Act, 1958 had been introduced by the government which is repealed by the Trademark Act, 1999 in the year in the Fiftieth Year of the Republic of India. A trademark opposition is a legal challenge to the right to register a particular trademark. A trademark opposition is instituted by filing a notice of opposition with the Trademark Trial and Appeal Board and paying the required fee. The trademark notice of opposition must be filed within 3 months of the date that the trademark application is published for opposition unless a request for an extension of time to oppose is filed with the Board (which is usually instantaneously granted). A trademark opposition must allege one or more grounds for challenging a trademark application. Most often, a trademark application is opposed by someone who owns prior rights in an identical or confusingly similar trademark. But, trademark applications can also be challenged on a number of other grounds. For instance, oppositions may be based on the opposer’s belief that the trademark is merely descriptive, deceptively misdescriptive, generic, functional, or likely to dilute the distinctive quality of the opposer’s famous trademark. In addition to alleging a valid ground for opposition, the opposer needs to show that it has standing to oppose the application. In other words, the opposer must allege in the notice of opposition that it has a direct and personal stake in the outcome of the proceeding and that it could be harmed by the registration of the trademark.

What is Trademark Renewal?

Each Trade Mark renewal is valid for 10 years. If person fails to renew the Trade Mark then the mark becomes liable to remove. Trade Mark can be renewed in India for unlimited period provided renewal fees are being paid on timely basis. Trademark Renewal mean extend the term period of trade mark registration by filing TM-12 with the prescribed fee. We renew the trade mark from time to time for an unlimited time period. Trade Mark renewal term is for a period of 10 years. Trade Mark Renewal can be in two ways:

One can apply renewal to change in any sign or words in the existing trade mark

One can apply renewal without any change

Process and Renewal Forms:

Application of renewal shall be made in form TM-12

Application shall be made by either registered owner of the trade mark or his authorised agent

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