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The essential function of a Trademarks is to exclusively identify the commercial source or origin of products or services, so a Trademarks, properly called, indicates source or serves as a badge of origin. In other words, Trademark Symbol serve to identify a particular business as the source of goods or services. The Trademarks should be apply only after getting Trademark Search. Certain exclusive rights attach to a registered mark. It should be noted that Trademarks rights generally arise out of the use of, or to maintain exclusive rights of over, that sign in relation to certain products or services, assuming there are no other Trademarks objections.
Various Goods and Services have been classified by the Trademarks Registry of India and world-wide by 45 Trademarks Classes [Class 1 to 34 Are Goods/Products Categories and Class 35 to 45 Are Service Categories). The idea behind this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.
If your Trademark Application(s) has an “OBJECTED” Status which has been remarked by the Examiner of Trademarks and also issues the Examination Report.Therefore, we need to read the Examination Report and have to check, that whether your Trademark Application has been OBJECTED under Section 9 or Section 11 of Trademarks Act or any other discrepancy, further, accordingly, we need to submit the Reply Documents, Affidavit(s), Evidence, With Statements of Rectification and we may also require to appear before Examiner of Trademarks.
If your Trademark Application having a Status of "ADVERTISED" which means that your Trademark Application had been published in the Gazetted Journal of Trademarks India.
The Law of Trademarks Act prescribes that any person / entity / third party / competitor may allow to submit notice of Opposition (along with Proper Grounds of Reasons) against Advertised Trademark within a period of 4 (four) months from the date of publication of Advertised Trademark.
But, the Law of Trademarks Act also prescribes that if there is no notice of opposition is filed by any person / entity / third party / competitor within 4 (four) months from the date of publication of Advertised Trademark, then such Advertised Trademark shall deemed to be Accepted and Trademarks Registry shall issue Registration Certificate
Any Opponent in person / entity / third party / competitor had submitted / filed notice of Opposition (along with Proper Grounds of Reasons) against your Trademark within a period of 4 (four) months from the date of publication of your Advertised Trademark.
However, you may further submit / filed Counter-Statement within 1 (one month) from the date of service of notice of Opposition.
By the Law of Trademark Act, anyone can Oppose to such Trademark Application which is currently Advertised and within a period of 4 (four) months from the date of publication of Advertised Trademark.
However, any person / entity / third party / competitor may serve Legal Notice to the Applicant of such Trademark.