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My trademark application has been objected, what are the next steps?
New Delhi, India
Free Member, Joined :07/09/2014
No of Topics Posted : 1
Reply/Comments : 0
With reference to the trademark objection,
The registrar may object the application on two basic aspects.
# Trademark is very descriptive about its business.- SECTION 9
(For instance, if the business is publishing/journals, brand name should not be "Superb publishers, Excellent publishers" which is like describing the business or like probing their efficiency)
# Trademark is similar or same to the previous filed application.- SECTION 11
If the trademark application is objected, we should have to check the examination report and understand on what grounds it has been objected.
# Initially we should have to send a reply to the government with the affidavit.
( Affidavit??
Affidavit is the document prepared by us/attorney with all the proof of usage to show the government and request the registrar to accept and publish the application on journal).
# After the registrar will fix a date for the hearing, So that lawyers attend the hearing to satisfy the registrar with all the proof of usage and get it registered.
# We cannot surely say that the application will be accepted, it may be rejected too.
In case of rejection the application will go invalid.
For any more queries please do write me on aparajita@vakilsearch.com or reach me on 9043004077
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