To avoid any objection it is better to conduct a trademark search at its initial stage. The purpose of search is to determine the uniqueness of the brand, and its similarity to other, pre-existing brands. Our service of trademark registration also includes Trademark Search. We provide most reliable search report to our clients as soon as possible. Trademark objections and oppositions are increasing day by day.
There is a line of difference between opposition and objection. Objection is by registrar and not by any company or individual. Objection states the existence of similar sounding trademark in same class. Objections by the Trademark examiners may be raised due to the following reasons:
Trademark which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person.
Trademark which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service.
Trademark which consist exclusively of marks or indications which have become customary in the current language or in the bon fide and established practices of the trade, shall not be registered: Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.
In the case of any objection we also deal with them. The application may be objected within three months of application (which is extendable by a further period of up to one month) by filing what is known as a notice of objection, in a prescribed format, and by paying a fee.
Our service also includes making reply for trademark objections or dealing with the cases of opposition. If there is no objection or the objection has been overcome, the Trademark Registry shall accept the mark and issue certificate to such effect.
Barahami Legal Services provides all type of solutions regarding opposition or objection.