The trademark examiner will review your application and either approve the trademark or provide a trademark objection. Trademark rejection is a serious issue where the application is totally rejected due to various reasons. However, on the other side, a trademark objection means your application is on hold. You need to rectify the mistakes and reapply for the trademark approval within the deadline. Or else, you can provide the objection reply.
You need to read the objection note carefully to identify the issue.
1. If the trademark objectionreason says that there is confusion in the trademark (it means that there may be an existing trademark with this name). Then you must verify whether it is true or not. If there is, then changing the trademark name is necessary. Or else, you must collect evidence by doing market research that your trademark is distinctive.
2. You need to prepare a proper response for the objection. For this, you need to check the trademark laws and collect the evidence. You can also get assistance from a trademark lawyerto prepare a trademark objection response. The attorney's professional guidance will provide you with a valuable objection response.
3. The objection response must have a summary of the objection, an argument and evidence, and also the conclusion. After preparing the objection letter draft, verify it and send it within the timeline mentioned. You can track the application status now and then.
Here are some reasons for trademark objection: The applicant might have used the incorrect form to file the trademark application, never filed from TM-48, inaccurate information in the application, the wrong category of products/services is chosen, and the and the trademark fails to have a specific distinguishing character.
The trademark attorneywill help in identifying the niche issue by analyzing the trademark objection report. They will also assist in filing the document and other legal procedures involved in submitting the objection response. If required, they will communicate with the officers in the Trademark Consultantto get the details that are required.
Hence, if you face any difficulties in giving the trademark objection reply, getting help from these professionals would be a great idea.
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