Trademark Objection and Opposition in Jaipur
Many trademark applications receive an objection in the examination report, and some are opposed by third parties after advertisement. A well-reasoned, timely reply often decides whether the mark is registered.
Objection by the Registry
The examiner may object on absolute grounds (for example, the mark is descriptive or not distinctive) or relative grounds (a similar earlier mark exists). The applicant must reply to the examination report within the time allowed, usually 30 days of receipt, failing which the application may be treated as abandoned. We review the objection, prepare a reply with arguments, evidence of use and case law where useful, and attend the hearing if one is fixed.
Opposition by a third party
After acceptance, the mark is advertised in the Trade Marks Journal. Any person may file a notice of opposition within four months of advertisement. The applicant must file a counter-statement within two months of receiving the notice, or the application is treated as abandoned. Both sides then file evidence, and the matter is heard by the Registrar.
What we handle
- Replies to examination reports and hearings
- Counter-statements and evidence in opposition proceedings
- Notices of opposition against conflicting marks for your brand
- Watching the Journal for marks similar to yours
Where a matter needs a registered trademark agent or an advocate, we work with one.
Frequently asked questions
Does an objection mean my mark will be refused?
No. Many objected marks are accepted after a proper reply or hearing.
Can I keep using my brand during the process?
Generally yes, but use depends on whether another party has prior rights. We assess the risk for you.
What if I miss the deadline?
The application may be treated as abandoned. In some cases a review or fresh filing is possible; act quickly.
This page gives general information about Agar & Co. and its services. It is not an advertisement or solicitation, and it should not be treated as professional advice. Rates, thresholds and due dates change from time to time.