Trademark Objection
Receiving a trademark objection can feel like a setback, but it doesn’t mean your application is rejected. It simply means that the Trademark Examiner has found an issue with your application that needs to be clarified or addressed. At License House, we specialize in handling trademark objections and crafting strong legal responses to help your application move forward successfully.
FAQ
What is a trademark objection?
A trademark objection is a preliminary refusal issued by the Trademark Examiner if your application doesn’t meet legal requirements or conflicts with existing trademarks. It allows you to clarify, amend, or defend your trademark before it is approved or rejected.
Is an objection the same as a rejection?
No. An objection is not a rejection. It’s an opportunity to respond to the Trademark Office’s concerns. If a proper response is filed within the specified time, your application can still proceed to registration.
What are the common reasons for trademark objections?
Similarity with an existing trademark
Lack of distinctiveness or uniqueness
Use of prohibited or misleading words
Incorrect classification or incomplete information
Descriptive or generic terms used as trademarks
What is the time limit to respond to a trademark objection?
You must respond within 30 days from the date of receiving the Examination Report. Failing to respond within the deadline may result in the application being marked as abandoned.
How do I reply to a trademark objection?
You need to file a well-drafted reply addressing each objection point raised in the Examination Report, supported with legal arguments, evidence of usage (if applicable), and justification of distinctiveness.
Can I reply to a trademark objection myself?
Yes, but it is recommended to seek help from trademark professionals. Improper replies often lead to rejection. License House ensures accurate, legally sound responses that maximize your chances of approval.
What happens after I file the reply to the objection?
The Trademark Registrar will review your reply. If satisfied, your application moves to the next stage (advertisement in the journal). If not, a hearing may be scheduled for further clarification.
What if my reply is rejected or I miss the deadline?
If your reply is rejected or the deadline is missed, your application may be abandoned. In such cases, you may need to file a fresh application, or apply for restoration, if applicable.
Can License House help me draft and file an objection reply?
Absolutely. At License House, we handle everything from reviewing the objection notice to drafting a strong legal response and representing you in any hearings, if required.
Is there a fee for responding to a trademark objection?
Yes, a professional service fee applies for reviewing the objection, drafting the reply, and filing it. Contact License House for a transparent, affordable quote.
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