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Often before beginning a business, we pay a lot of attention to the viability of really getting a Trademark effectively over the Brand name. Trademark filing and securing Trademark Registration is altogether a distinct recreation.
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Trademark Registration in India Sunbrio For more details visit @https://www.sunbrio.com/trademark-registration/
How to avoid getting an Objection on your Trademark Application
Often before beginning a business, we pay a lot of attention to the viability of really getting a Trademark effectively over the Brand name. Trademark filing and securing Trademark Registration is altogether a distinct recreation. In case your brand is actually specific, there might be a chance that you can protect the trademark registration just within 7-8 months (but you could begin the use of your trademark from the date of submitting itself). During this process, one of the reason that can delay the timeline of your brand getting registered, is it if receives an objection from the ministry. Though, there is no way you can predict or assure the occurrence of this objection, you can at least try to avoid it by following a few things before making the application.
So we shall constantly try to keep away from Trademark Objection, but, 90% of the Trademark application do get at least one which can be easily dealt with by using any capable attorney (however in case you are stuck with beginner trademark agents who know not how to put forth smart arguments, your trademark registration might just get stretched). Let us understand how we may additionally shorten this Trademark registration process. It is very critical to match your Trademark application in accordance with the law to emerge as your savior in avoiding any objections. There exist many stories where people invested lakhs and lakhs within the packaging of the goods, just after submitting the trademark application. And because of trivial mistakes had to pay a humongous cost whilst their trademark had been rejected.
Do conduct a thorough search: • Conduct both word mark search as well as phonetic search. • Suppose you have chosen word CURVE as your brand name, so you need to search availability of word CURVE as it is and also KURVE, KARVE, CORVE And all other possible combinations of word that are either resulting in same sound or similar sound. • Collect the search reports and properly analyze them. In case there exist a similar sounding word already on record, try to choose another brand name.
Do not use descriptive words: • In case your brand name is available, proceed to next level and understand whether that is a legally acceptable brand name. That is it must not be descriptive in nature, you might find it strange but trademark law does not allow mark that exactly describes the nature of your products or goods however generally people tend to opt for such names. So it is always advisable to opt for a coined word, words that have no dictionary meaning and makes no direct reference to your products or goods.
Do not use the name of any geographic location: • Try to avoid using name of any geographic location or place such as India, even though it may be cleared if used in combination of words, but generally in most case such trademarks often get objected under section 9.
Do not make any clerical error: • The most common mistake people make while filing for trademark application, is writing a wrong goods/service description. Even though when you are sure that your product falls in a certain class, try not to use a common term for it. Always check the exact language that is given under nice classification, select the words and description accordingly. Let us understand this more clearly by taking an example.
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