Trademark registration process in India has been changed the trademark office has brought in transparency and improved the efficiency of trademark filling.
After the application is made with the trademark office, the registration application goes through various steps of scrutiny by the trademark registrar.
The entrepreneur must take into consideration the status of the application to ensure that that trademark registration process is smooth.
Once trademark registration application is submitted with the trademark registrar; the trademark examiner examines the application and if the trademark application has the potential of confusing the consumers or it is similar to an existing trademark the trademark issues an examination report and changes the status of the application to objected.
Trademark examination is a process wherein the trademark registrar thoroughly checks the trademark application.
The trademark registrar after examination issues trademark examination report which is issued to the proprietor of the trademark and advertised on the application.
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If the specification provided for the trademark is vague or ambiguous and the description of the product ranges to various classes of goods and services, then, in that case, the trademark application is likely to receive an objection from the trademark office.
Trademark examiner conducts a trademark search of the mark applied, and if they find similar or same existing trademark, the application is objected by the trademark examiner.
The primary requirement of a trademark is that it should have the capability of distinguishing between trademarks of one person from that of another. The trademark which is incapable of doing so lacks distinctive character, and hence the trademark office will raise an objection to it.
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Reply to trademark examination is a must in case of 'Objected' and it should be filed within one month of trademark examination report.
An objection raised against your trademark application is part of the trademark application. The proprietor will have to file a trademark application within one month of the report, or the trademark application will be considered abandoned, and the owner of the trademark will have to submit a new application for the same trademark all over again.