Intellectual property is highly associated with the business world. It has been said that because of the various benefits intellectual properties offer to the businesses. Such properties are the modern assets for the companies. They can help companies to get profits as well as loss if they are not protected properly. One such property which is an integral part of the business world is trademark. It got protected under the Trademark Act of 1999 through trademark registration. The two most important parts of the trademark registration are trademark objection and trademark opposition. The current write up will discuss both the trademark objection and trademark opposition in detail. To know about them you must go through this blog till its last paragraph.
What is Trademark and Trademark Registration?
There are a number of signs, symbols, marks as well as logos associated with the businesses. They are called trademarks. Simply said, these marks are not meant for amusement. Because they add value to the company, they are legally protected. The Trademark Act of 1999 is the legislation that offers them protection. This law has established a number of trademark categories. These trademarks aid in the development of brands and generate revenue for the company. Therefore, the specialists advise them to safeguard their trademark. Protection of trademarks is called trademark registration. Both the trademark objection and trademark opposition are part of the same process of registration which we are going to discuss in the current blog.
What is Trademark Objection?
When you apply for trademark registration, the authorities check your application. If the examiner finds any issues, like missing documents or things not in the right form, they raise a concern called trademark objection. If you don’t address this, your application might be rejected, and you’ll lose your fees. So, it’s wise to seek help from experts to resolve these concerns and ensure a smooth trademark registration process.
What is Trademark Opposition?
When the trademark got proper verification by the examiners it got published. This allows any parties who may have objections to the trademark to voice them. In legalese, this third-party objection is referred to as trademark opposition. While trademark objections are brought up by the trademark examiner, trademark opposition is submitted by a third party. One of the main distinctions between trademark opposition and trademark objection is this.
Process of Trademark Objection
The complete process of trademark objection which will help you out to make difference between the trademark objection and trademark opposition is given below:
- After filing a trademark application, it undergoes examination by a Trademark Examiner.
- If the examiner finds any issues, a formal document known as the Examination Report is issued, listing objections or concerns.
- The applicant receives the Examination Report, which specifies the grounds for objection and requests a response.
- The applicant reviews the objections raised by the examiner, which could include issues like similarity with existing marks, descriptiveness, or other legal concerns.
- The applicant prepares a detailed response addressing each objection raised in the Examination Report.
- The response, along with any supporting documents or arguments, is submitted to the Trademark Office within one month of receiving the Examination Report.
- The Trademark Examiner reviews the response and may conduct further examination.
- Based on the response, the examiner makes a decision. If satisfied, the trademark proceeds to publication in the Trademark Journal.
- The published trademark is open for public scrutiny for a period of four months. During this time, any third party can raise objections through opposition.
- If no opposition is raised or if the opposition is resolved, the trademark proceeds towards acceptance and registration.
Process of Trademark Opposition
Proper process of trademark opposition which will help you out to make difference between the trademark objection and trademark opposition is given below:
- After the examination process and if no objections are found, the trademark is published in the Trademark Journal
- The published trademark is open for public scrutiny for a period of four months. This is the window for third parties to oppose the registration.
- Upon receiving the Notice of Opposition, the applicant has an opportunity to file a Counter-Statement, addressing the grounds of opposition.
- Both the opponent and the applicant can submit evidence to support their respective positions. This can include documents, affidavits, or any relevant proof.
- The Registrar of Trademarks reviews the evidence presented by both parties and may conduct a hearing if necessary.
- The Registrar makes a decision based on the evidence, arguments, and legal considerations. The decision could include acceptance, partial acceptance, or rejection of the trademark.
- In the end either the registration granted or rejected
Trademark Objection V/S Trademark Opposition
Trademark objection and trademark opposition are distinct stages in the trademark registration process. Trademark objection is initiated by the examiner if there are issues with the application, and the applicant must respond within a month. It is a fundamental part of the overall registration process. In contrast, trademark opposition is raised by a third party who opposes the registration after the trademark is published, and it involves a separate process. Unlike objection, filing opposition incurs a fee for the third party. Both trademark objection and trademark opposition require a fair hearing before a decision is made, and parties have the option to appeal. Ultimately, successful registrations are published, or final judgments are delivered based on the resolution of objections or oppositions.
Conclusion
In the world of business, trademarks play a crucial role, offering companies a unique identity and value. The process of protecting trademarks involves two key aspects: trademark objection and trademark opposition. Trademark objection arises when the examiner identifies issues during the application verification, and timely response by the applicant is crucial for resolution. On the other hand, trademark opposition is a stage where a third party expresses concerns after the trademark is published, leading to a separate process. Both objection and opposition require careful consideration and response, ultimately determining the success of trademark registration. Understanding and navigating these two stages that are trademark objection and trademark opposition are vital for businesses seeking to safeguard their valuable intellectual property.
