Trademark objection


#1

I have received a notice that my trademark is objected. What can I do to ensure that it is approved?


#2

A trademark objection is pretty common. Once an application is marked as objected, the objection shall be removed by filing an affidavit stating the reasons for removing the objection. The affidavit shall be filed along with a reply letter wherein the following details are required

(i) Invoices raised which shows the name of the brand which you are using (the brand for which a Trademark is being applied) or
(ii) Advertisements showing the same thing
(iii) Turnover of the business from the date of started using your business.
For Example Year Sales figures
2011-2012 Rs.55, 000/-
2012-2013 Rs.1, 40,000/-
2013- 2014 Rs.2, 50,000/-

(iv) Any other proof which shows the usage of your brand name like News articles, Leaflets, Pamphlets Brochures, Website link etc. once an Affidavit is filed, the Registry tables the letter, then the process ends there and you get your Trademark Registered with R Symbol. However, if the Registry has more clarifications, they call upon for a hearing. You can physically attend the hearing and present your case before the Registry or you can appoint a lawyer for this matter and submit the necessary proofs. Usually, it takes 8 months - 1 year for the matter to come for hearing.