A trademark is nothing more than an intellectual property in the form of a symbol, name, logo, slogan, or any other word used to distinguish a product or service from others.A trademark became a piece of intellectual property once it was registered, and a company could use a registered trademark for business purposes and obtain specific rights known as Intellectual Property Rights.Without the owner’s permission, a trademark cannot be copied, used, distributed, or sold without registration.
The trademark opposition and objection sections of a trademark application are crucial.It is possible for a trademark to be objected or opposed in its pursuit of trademark registration if it is similar to or identical to a trademark that has already been registered or if it does not adhere to the principles of trademark registration.Trademark opposition and opposition are the names of these procedures.
During the registration process, trademark objection and opposition have distinct meanings and procedures.However, there are times when people become muddled, misinterpret their meaning, and use these terms interchangeably.They may pursue an improper legal remedy during trademark opposition and opposition as a result of this misunderstanding or confusion.To fully comprehend these terms, it is necessary to differentiate between trademark objection and opposition.Examine the distinctions between opposition and objection to a trademark as you scroll down.
Definition of Trademark Objection
The examiner reviews or examines an applicant’s application for trademark registration.The Trademark Registrar may object to the application for trademark registration—known as the Trademark Objection—if the trademark violates any trademark registration rules and guidelines.The applicant is informed of the trademark objection, and they are required to respond within a specified time frame.
The provision of opposing a trademark following its online publication in the trademark journal is referred to as “trademark opposition.”The third party may file an opposition against the trademark if it is identical to or similar to any third-party registered trademark.A person is prevented from using a similar trademark that could cause public confusion or misunderstanding by this provision.Additionally, it stops people from illegally profiting from a trademark that is identical to one that is already well-known and popular.
What is the difference between opposition and objection to a trademark?
The following are some of the most important conceptual and procedural distinctions between trademark opposition and objection:
The fundamental distinction between brand name protest and resistance is that the brand name resistance happens after the brand name complaint stage.This indicates that when an applicant intends to register a trademark, the examiner may object to the application if they find that it is similar to a trademark that has already been registered. If the examiner does not object, the application moves on to the next phase, which involves advertising it in the trademark journal for trademark opposition from a third party.As a result, the trademark opposition and objection processes are the next steps in the application process.
Another fundamental difference between trademark opposition and objection is that trademark opposition is brought by a third party who opposes trademark registration, whereas trademark objection is brought by the examiner early on.After reviewing the trademark application, the examiner has the right to make an objection.Anybody can file an opposition to a trademark application if it violates the requirements for a valid trademark registration.
A trademark objection process is filed in the form of a trademark examination report, whereas a third-party opposition is filed in the form of an opposition notice that identifies the grounds on which the proposed trademark is opposed.In opposition, the opposition application is supported by evidence outlining the reasons why the trademark should not be registered or how the proposed trademark, if registered, would violate the opposing party’s rights.An examination report on the proposed trademark must be submitted by the examiner when a trademark objection is filed. The status of an examination report can be viewed online.
In both trademark opposition and trademark objection, certain procedures must be completed within a predetermined time frame.If a trademark registration application is denied, a response should be sent within a month of receiving the examination report to the trademark registrar.In the event of an objection, the Trademark Registrar has the right to reject the application for trademark registration if a response is not submitted within the allotted time. On the other hand, in the event of a trademark opposition, a response must be submitted within two months of receiving the opposition notice.Also important to keep in mind is that the applicant does not need to pay a fee when filing a response to the objection; however, the application must pay a specific fee to the trademark registrar when responding to the notice of opposition.
There is a provisional appeal in both instances.If a trademark application has been rejected or not accepted by the Registrar of Trademark after the applicant has responded to a trademark objection, the applicant may file an appeal within the allotted time against the rejection. However, if the applicant is dissatisfied with the decision of the trademark opposition that is still pursuing the trademark application, the applicant may file an appeal against the decision.In this instance, an appeal against a trademark opposition judgment and an appeal against a trademark application rejection can both be filed in the event of trademark opposition.
If the trademark is accepted and published in the trademark journal, it can be challenged by any third party at any time. On the other hand, in the case of trademark opposition, if the trademark is accepted after the proceedings of trademark opposition, the decision about the proceedings is tied to the opposing party and the applicant.
In conclusion, the Trademark Opposition and Objection phases of the trademark registration procedure are crucial.However, you must be aware of the distinction between trademark opposition and opposition prior to beginning the registration process. If a trademark application is either opposed or objected, you need not be concerned.You will be able to proceed further with the registration process if you respond effectively within the allotted time.