Once the Trademark Application has been filed, it may or may not be Approved. In case it is not Approved/Accepted, the status of the Application changes to ”Opposed”. The opposition may be filed either by the Examiner/Registrar or a third party. The individual opposing it must mandatorily state the basis upon which he is opposing the registration. The applicant will be given an opportunity to be heard and to defend his application by the Examiner. The procedure for which is provided in the Act.

Why is responding to Trademark Objection Required?

Trademark Objections could be for various reasons and the response needs to be carefully curated. Responding to an Objection commences with filing a counter statement within the time limitations imposed. It is currently two months. Similarly, a detailed procedure for the same has been provided which needs to be complied with. In such a situation, it is imperative that the objection shall be responded to in the required manner and within the duration specified by the Act.

Application Process

• File a counter statement to the objection (Within 2 months from the date of receipt of the Notice of Objection. Failing which the status of the application changes to Abandoned).
• The Registrar may agree for a hearing after the counter statement has been filed.
• The outcome of the hearing may or may not be in favor of the applicant as it is based upon the discretion of the Registrar.

Documents Required

The documents required vary depending on each case and the same will be communicated to the client as and when it is needed.