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We have seen that in 90 percent Trademark application filed in India get Trademark Objection during Trademark Registration Process.
So is there any process or technique whereby we can skip the trademark objection ! There is not fix process or formula by using which you can avoid Trademark objection but yes, it may happen in case you conduct your Trademark Search diligently.
Let us understand with few expert tips above all try getting your Trademark Registration asap to stay ahead from competition. Let’s delve in rest of the expert tips:
Conduct a Good Search
While applying for Trademark Registration, conduct a proper search on ipindia.nic.in about your mark, analyze the Trademark search report properly, in case many similar sounding marks, or marks having same prefix or suffix like your intended mark, Try to avoid such mark in case so simply do not want any Trademark Objection over your proposed name.
Conduct search in two phase:
Simple mark search.
Make different phonetics of the mark and accordingly conduct a search to avoid any objection over the similarity of the mark.
Avoid taking common names
Common names such a Cake delight, Cake express etc for bakery might be available, may get registration but it will be objected as use of word Cake for bakery related services is very common. Avoid such names in order to avoid Trademark Objection.
Use distinct, unrelated and coined words.
Use word which has no meaning or are just invented by you. For example Goggle , it is a non-dictionary word having no meaning, Scrious, adloid etc. These word are neither common names nor dictionary words and get straight forward registration after of completion Trademark application advertisement mandatory period.
Do not select geographical location, descriptive, obvious words.
Trademarks using name of states, countries etc always get an objection under section 9 of the Trademarks act, its always advisable to avoid such combinations. For example Indian institute of Arts, INDIA SNACKS etc.
Also avoid descriptive words such as HERBAL CURE for medicines, Neer for water etc.
Do not chose well known mark combinations.
Never use words that are in combination of famous or well known marks such as BMW sweater or LUX LIVE as BMW and LUX are well known brands and even if your brand name in combination with these words is available there will always be a risk of Trademark opposition or Trademark rectification that may cause removal of your trademark in future.
Take proper in terms of class of Trademark and description of goods or services.
In case you file your Trademark application in wrong class or wrong description etc. you will surely get a trademark objection in which you might have to pay additional fee to rectify such defect by filing TM-16 form.
Avoid all Technical failures.
Always take proper care while drafting the trademark application, it might always seems to be easy to draft a TM application but only seasoned Trademark lawyer are aware of all the implications and technicalities of a Trademark application.
Take proper care of Power of Attorney requirement, Description of goods and services, proper Trademark class selection, Clarity of Logo etc.
Above steps can help safeguarding your Trademark from major types of Trademark objections that are cited by authorities or third party.
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