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Expertise in Trademark Law
We offer you end-to-end compliance solutions and Liaisoning, so you don't need to go for any other option.
Timely Resolution
Expect a timely response to objections, minimizing delays in the registration process for your trademark.
100% Online Process
To file Trademark Objection in India you don't need to be physically present at any offices. It's a 100% Online process.
Evidence Collection
We collect evidence to support your documentation for a strong objection reply.
What is Trademark Objection?
Think of a trademark objection as a kind of "pause" or "hold on" sign from the government. Trademarks are indeed vital forms of intellectual property for businesses, serving as unique identifiers for their goods and services. In a given year, many businesses apply for multiple trademarks to protect their brands, but not all of these applications are successful. When you apply for a trademark, let's say for a logo or a brand name, the trademark office reviews your application. Sometimes, they might raise concerns or questions about your trademark application. This is called a trademark objection.
The third party may also object to the trademarks in the name that is of interest to the public. Two ways the public or a third party could object to the registration of trademarks, If the trademark is publicized in Trademark Journal or If applicant makes use of the mark before registration.
Points to Consider for Trademark Objection Reply
Before replying to Trademark Objection Reply, it is mandatory to fulfil the below condition -
- After receiving report, reply needs to be submitted in 30 days.
- After 30 days, it may be abandoned by department.
- Department may fix hearing further
- If Department is not satisfied with reply
it may publish for general public. - Opposition may receive even after registration of certificate.
- Objection usually comes under section 9 or section 11 under Trademark Act.
Documents Required to File Trademark Objection Reply
The following documentation is needed for trademark objection process:
- Trademark examination report.
- Address and Inherent verification.
- Affidavit of Trademark usage
- Arguments for Trademark Objection Reply
- Details about usages of Trademark
- POA for representing Trademark before official
- Any other information, if required
Process for filing Trademark Objection Reply
The mentioned steps are required for filing Trademark Objection Reply-
Following is private Limited Company Registration Process-
Consult with our Executives
Connect with our legal experts and qualified trademark attorney who can guide you through the process.
Filing to Examination Report
Our expert after thorough verification will draft a filing to the examination report with the documents to confirm the application.
Submission
We will submit the trademark objection in professional format and authority will then reply.
Benefits of Overcoming Trademark Objections.
Brand Protection
Resolving objections ensures the protection of your brand identity, preventing potential conflicts and infringement issues
Market Recognition
A successfully registered trademark enhances brand recognition and distinguishes your products/services in the market.
Enhanced Brand Value and Trust
Successfully registered trademarks enhance confidence among consumers. It elevates your brand's value and builds trust.
Legal Security
Overcoming objections solidifies your legal rights over the trademark, providing a robust foundation for future legal action against infringement.
Prevention of Legal Disputes
Addressing objections reduces the risk of legal disputes and costly litigations in the future.
Legal Safeguard
It provides legal safeguards to your brand and business also so that you can save your assets.
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Reasons for Trademark Objection in India.
Trademark objections in India can occur for various reasons. Here are some common reasons for trademark objections in India:
Not having a Distinct name
Trademarks must be distinctive and not describe the goods or services they represent. If a trademark is too descriptive or lacks originality, it may be objected.
Descriptive or Generic Marks
Marks that describe the goods/services directly or are too generic can face objections. Trademarks need to be distinctive and unique to be eligible for registration.
Misleading Marks
Marks that may mislead or deceive consumers about the nature, quality, or origin of goods/services can be objected to protect consumer interests.
Against Public Policy or Morality:
Marks that go against public policy, are immoral, or offensive can face objections as they may be deemed inappropriate for registration.
Improper Filing or Documentation:
Incomplete or improper filing of trademark applications, missing documents, or failure to meet legal criteria can result in objections.
Geographical Indicators
Trademarks that falsely suggest a connection with a specific place or geographical origin can be objected to. Geographical indicators should accurately represent the origin of the goods or services.
Similar to Existing Trademarks
If proposed trademark is identical or similar to existing trademarks, especially those in the same class of goods or services, it can lead to confusion among consumers.
Government Control
Marks that suggest government patronage, approval, or control when it doesn't exist can be objected to.
Common Packaging
Packaging that is common and non-distinctive, such as plain boxes or containers, may face objections if it doesn't meet the criteria for trademark registration.
How to Select Name of Private Limited Registration?
Before proceeding for Private Limited Registration you must consider the factors which are important for its name selection. As per companies Act, 2013 the name must be unique and should not be similar or identical with existing company name. Following points need to consider before selecting name to register a company in India
Name Selection
The name of your company is very valuable. It is the first impact to your buyers, suppliers, and stakeholders. Therefore pick relevant, indicative and attractive names. There are several factors that you must keep in mind while naming for your company.Name Selection
The name must be 1-6 words not to be too long. People feel ease in announcing. Plus, people pick such names that are easy to remember, hear and read. Don't forget to add 'PVT LTD' in the last of the names.Meaningful
The name of your company should have meaning and relate to your business. For Lakme, it refers to cosmetic services.Unique
Pick the names which are not the same and identical. Plus, never have existed before. Check the name availability at our portal. Try to neglect plurals in your company name like Starbucks. Starbucks is already a coffee Private Limited Company Registration.Suffix
The name of your company must end with the suffix 'Private Ltd' in the case of a Private limited company. So, never forget to apply 'PVT LTD'.Never use illegal/offensive
The name of your company never goes against the law. It cannot be offensive or against the cultures and beliefs of any religion.Compliance on Post Company Registration Requirements
Here is a list of some of the Compliances that we are providing after the Pvt ltd firm registration/ Private Limited Registration.
Appointment of Auditor
Just within 1 month of registration, an Auditor must be appointed. Post-appointment, an extraordinary general meeting of shareholders is called to declare the appointment of the auditor.Convening of 1st board meeting
The board meeting is conducted every 120 days or less. The 1st meeting is major to post-incorporation for discussing the various provisions of Company Act, 2013 after Online Private Limited Company Registration.Disclosure of interest by directors
Every director has to reveal his concerns and interests directly or indirectly by a contract or agreement. The proposed contract is determined in the first meeting of the board of directors. Any change in the concern of the director must be inferred to the board of directors within 30 days after the Private Limited Company Registration Process.Developing of Accounting System for the company
Books of accounts are mandatory along with financial statements at the registered office. The double-entry bookkeeping is followed and records of the same are preserved for at least 8 years. After Pvt. Ltd Company Registration in India our Income Tax Consultants will consult you regarding all other post compliance aspects.
Difference Between Pvt Ltd and LLP and OPC and Sole Proprietorship Registration
| Features | Pvt Ltd | LLP | OPC | Proprietorship |
|---|---|---|---|---|
| Meaning | Private Limited is a company which consider as a normal registration with 2 directors under Companies Act, 2013. | LLP is a newly introduced concept and is a mixture of Pvt Ltd and partnership firm register under LLP Act | OPC is also a type of Pvt Ltd having only one director and shareholder newly introduced by government | Any registration which govern sole ownership business format consider as sole firm registration such as GST, MSME, Shop Act Reg., etc |
| No of Person | Minimum 2 person required | min 2 person required | only one person required | only one person required |
| Liability | no liability on members | no liability on partners | no liability on member | personal liability of individual |
| Minimum Capital | Not required | Not required | Not required | Not required |
| Compliance | Applicable as per Companies Act 2013 | Applicable as per LLP Act | Applicable as per Companies Act 2013 | Not Mandatory |
On an average basis 16000 companies and LLPs registered during a month with Ministry of Corporate Affairs. Budding entrepreneurs prefer to go for Private Limited Company, LLP or OPC for starting their business in India.
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Good work, I am happy with services - Legal Pillers for providing best services for 12A80G in economical prices and in a good speed way. The co-ordination between various team members is also remarkable. Even they all continuously follow up with calls and messages regarding the processes. Also one more good point is all the services are under one umbrella. Special thanks to Shweta, Kalpana, Priya & all the backend team member for execution.
By Vinay Dave
Empower Charitable Trust
It is really one of the best team, which give lot of respect in dealings and help us at every moment. Thank you legal pillers for helping us at every small steps.
By Deepak Kabra
Evolve Sang Foundation
"Startup entrepreneurs can definitely prefer & rely on the services of Legal Pillars for Incorporation of LLP/Companies. Good service by Ms. Sneha Kapoor."
Adi Swarup Patnaik
Amaravati Finsuraksha Nidhi Limited
We are from Hyderabad, Telangana State. We have taken Services of "Legal Pillers" for New Private Ltd Company Registration. We are extremely satisfied and delighted with their services. They are sincere, experienced and committed. Unquestionable Integrity. Our Interaction was with Ms.Sneha, Mr.Rohit and Ms.Jyostna, excellent team and keeps their word.
By Suresh Abraham
LOGOS EXPORT AND TRADING (P) LTD.
Very corporative and guides you in a proper way. This was my first time doing online legal services and out of all fear I had it turned out a boon for me. Hope you people keep the services same in future to. For a new startup u can believe them. Thank you once again
By Munna Prasad Gupta
Epicenter Innovations (P) Limited
Team Legal Pillers, I am writing to thank you for the quality of service provided by your company. I am sincerely appreciating your efficient, gracious customer service on registering my company. Specially I would like to Thank Ritika who always connected with me and explained in detail while registering company. I would refer my friends to legal Pillers to take best service in low cost.
By Aftab Ahmed Mulla
Czarlike Global Trade Source (OPC) P. Ltd
How Legal Pillers Help in Trademark Objection in India?
We are India's most recognized Legal Tech platform. By connecting to our CA/CS experts, you can file a strong reply for your Trademark Objection with Legal Pillers through our expert.
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FAQ
Find answers tomost popular questions asked to us.
A trademark objection is a formal notice issued by the trademark authorities in India when there are concerns or issues with a trademark application. It specifies reasons why the trademark cannot be registered as it stands.
Trademark objections occur for various reasons, including lack of distinctiveness, similarity to existing trademarks, deceptiveness, offensiveness, or non-compliance with legal requirements.
You can check the status of your trademark application on the official website of the Controller General of Patents, Designs, and Trademarks (CGPDTM) in India. Use the application number or reference to track the status.
If your trademark application is objected to, it's advisable to consult with a trademark attorney. They can help you understand the objections, prepare a strong reply, and guide you through the objection process.
While you can respond to objections on your own, it's recommended to seek legal assistance, especially from a qualified trademark attorney. They have the expertise to navigate the legal intricacies and improve your chances of a successful response.
The specific documents needed may vary, but generally, you will require the trademark examination report, identification documents, and any supporting evidence or amendments to address the objections effectively.
If you don't respond to a trademark objection, your trademark application may be abandoned or rejected. It's essential to take timely action to address objections.
Yes, if your trademark objection reply is not accepted, you have the option to appeal to the Intellectual Property Appellate Board (IPAB) within the specified time frame.
The time it takes to resolve a trademark objection can vary widely depending on factors such as the complexity of the objections, the backlog of cases, and whether a hearing is required. It's advisable to be patient during the process.
It is possible to trademark a common word or phrase if you can demonstrate that it has acquired distinctiveness in association with your specific goods or services. However, it can be challenging, and you may face objections.