one of the initial stages in the registration process.
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Often during the registration process, the Trade Mark Registrar or private individual may raise an objection for registration of a Trademark. The article explores what steps need to be taken in case a trademark is objected.
Companies and enterprises use logos, designs or a certain set of words to identify their products as their own which is unique and distinguishable. These designs or words help make it easier for the consumer(s) to identify the brand, quality and even the origin of the product.
Therefore the marks that these companies use in the course of their trade are known as Trademarks.
In India, trademarks are given the recognition of an intellectual property and therefore is protected against infringement under applicable law(s). The Trademark Act, 1999 (hereinafter referred to as the Act) governs the laws of trademarks including its registration, protection and penalties. Such protection is for both the company as well as the consumer.
Registration of the trademark under the Act is for a period of 10 years and can be further renewed for another 10 years subject to timely payment of renewal fees.
An objection is one of the initial stages in the registration process. It can be filed by either the Examiner/Registrar or any third party.