How to file response to trademark objection?
The processes of responding to a trademark objection are as follows:
- Step 1: Examination of the Trademark Opposition
The initial step entails a comprehensive analysis and investigation of the objection, since any lack in comprehension can result in the submission of an invalid Trademark Objection Response.
- Step 2: Drafting A Response To A Trademark Opposition
The next step is to draft a trademark response containing the following:
- An appropriate answer to the presented position, including supporting rule of law, precedents, and decisions.
- Differences between the infringing mark and the applicant's mark.
- Additional supporting documents and materials for the response.
- An affidavit stating that the trademark is utilised on the applicant's website and social media channels; that the trademark is publicised in the media; that promotional materials for trademarked products are available; and that trademarked products are available on e-commerce sites, etc.
- The draft response is then sent via the Trademark e-filing system.
- Step 3: Hearing on the Mark
If the response is satisfactory, the application will be sent to the Trademark Office for registration and publication in the Trademark Journal. If it is not approved or if the Trademark Examiner asks additional clarifications, a trademark hearing will be held and the parties will be notified.
- Step 4: Journal Publication of the Trademark
If the outcome of the hearing is favourable, the mark will be approved and published in the Trademark Journal.
In the event of a negative determination, a Refusal Order detailing the reasons for the denial will be given. The applicant may still appeal the decision by submitting a petition for review within 30 days of the date of the Refusal Order, detailing the grounds for review.
- Step 5 : Registration Certficate
Once your trademark has been published in the Trademark Journal, it will be available for examination for a period of four months. If no oppositions are filed within that time frame, the mark will be registered and a Registration Certificate will be issued. If an objection is filed, the opposition will proceed in accordance with the applicable legal statutes.
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