How to Manage Trademark Objection
In India, the trademark objection is different from the trademark opposition. The trademark objection is issued by the examiner after examination of the filed application (in Form TM-1) for trademark registration; while the trademark opposition (filed through Form TM-5) is raised by any third person or company, within the prescribed period after the date of publication of the filed application for registration. Thus, the trademark objection is a governmental objection for making any trademark perfectly and indubitably registrable within the jurisdiction concerned. This well-drafted webpage offers very informative and useful information regarding how to manage trademark objection in India, in connection with registration of trademarks and service marks related with all 45 classes of the Nice classification.
Certain preliminary objections raised by the trademark examiner are quite commonplace, in connection with registration of a trademark/service mark in India or any other country. Any such objections are to be removed promptly through satisfying the issuer of these objections within the prescribed time-period, in order to expedite the processes of registration; otherwise, the application will be abandoned by the trademark office. In most of the cases, trademark objection can be overcome through punctual, intelligent, and responsible representation before the trademark examiner/registrar, and thus avert the burdensome task of attending a personal interview or hearing at the trademark office. Only after the appeasement of the raised objections, any application for trademark registration can be forwarded for publication in the Trade Marks Journal.
Its also beneficial to register a company while getting your trademark. A Private Limited Company is one of the most popular way of conducting business in India and is governed under the Companies Act, 2013 and the Companies Incorporation Rules, 2014.
Private Limited Companies are mostly privately held for small scale businesses. The liability of the members of a Private Limited Company is limited to the extent of shares held by them respectively. Shares of Private Limited Company cannot be traded in public like that of Public Limited Company.