Documents Required for :
Trademark Objection
A detailed response addressing the objections raised by the trademark examiner. This document should include legal arguments and evidence supporting the distinctiveness and registrability of your trademark.
An affidavit that strengthens your reply, often containing statements of truth regarding the use and reputation of the trademark.
Evidence that demonstrates the use of the trademark in commerce, such as invoices, advertising materials, brochures, or any other documents showing that the trademark is actively used in business.
| Features | Proprietorship | Partnership | LLP | Company |
|---|---|---|---|---|
| Definition | A sole proprietorship is an unregistered business entity managed by a single individual. | A legal contract between multiple parties to jointly manage and run a business operation. | A business type that combines aspects of a partnership and the limited liability of a corporation. | A registered business where owners and shareholders have limited liability. |
| Ownership |
For One Person Company |
|||
| Registration Time | 7-10 working days | |||
| Promoter Liability | Unlimited Liability | Limited Liability | ||
| Documentation | ||||
| Governance | No specific governing law | Governed by the terms outlined in the partnership deed | Governed by the LLP agreement | Governed by a formal structure including a Board of Directors |
| Transferability | Business cannot be transferred | Ownership transfer requires the consent of all partners as outlined in the partnership deed. | Transferable | Easily Transferable for public companies. In private companies, there might be some restrictions. |
| Compliance Requirements | ||||
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).
| Compliance For | Form | Due date | Penalty |
|---|---|---|---|
| Commencement of Business | Intimation to Registrar for Commencement of Business | Within 180 days from incorporation | INR 50,000 on company and INR 1,000 per day on directors for each day of default |
| Annual KYC of Directors | DIR 3 E-KYC | 30th September of every year | INR 5,000 for late filing |
| Appointment of Auditor | Form ADT 1 | Within 15 days of the AGM | INR 300 per day (max INR 12,000) |
| Financial Statements | Form AOC 4 | Within 30 days from the AGM | INR 100 per day of default |
| Annual Return | Form MGT 7 | Within 60 days from the AGM | INR 100 per day of default |
All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.
| LLP Compliance | Form | Due date | Penalty |
|---|---|---|---|
| Annual KYC of Directors | DIR 3 KYC | 30th September of every year | INR 5,000 for late filing |
| Annual Return | Form 11 | May 30th every year | INR 100 per day of default |
| Statements of Accounts and Solvency | Form 8 | 30th October every year | INR 100 per day of default (minimum penalty INR 10,000) |
In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.
| Entity | Compliance | Form | Due date |
|---|---|---|---|
| Private Limited Company | Annual Return | MGT-7 | Within 60 days from the conclusion of the AGM |
| Financial Statements | AOC-4 | Within 30 days from the conclusion of the AGM | |
| DIR-3 KYC | DIR-3 KYC | 30th September every year | |
| Return of Deposits | DPT-3 | 30th June every year | |
| Appointment of Auditor | ADT-1 | Within 15 days from the conclusion of the AGM | |
| Income Tax Return (Non-audit case) | ITR-6 | 31st July every year | |
| Income Tax Return (Audit case) | ITR-6 | 30th September every year | |
| Annual GST Return | GSTR-9 | 31st December of the subsequent financial year | |
| MSME Form | Form 1 (MCA) | half-yearly return by 31st October (April to September), & 30th April for the period October to March every year | |
| Limited Liability Partnership | Income Tax Return (Non-audit case) | ITR 5 | 31st July every year |
| Income Tax Return (Audit case) | ITR 5 | 30th September every year | |
| Annual Return | Form 11 | 30th May every year | |
| Financial Statements | Form-8 | 30th October every year |
Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.
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What is a trademark objection?
Why might my trademark face an objection?
Common reasons for trademark objections include:
How do I respond to a trademark objection?
To respond to a trademark objection, you must file a reply to the examination report within the stipulated time frame, usually 30 days from the date of objection. Your reply should address each objection raised, providing legal arguments, evidence, and documents to support your case.
What documents do I need to respond to a trademark objection?
Key documents include:
What happens if I don't respond to a trademark objection?
If you fail to respond within the specified time frame, your trademark application may be considered abandoned, leading to its rejection.
Can I appeal a rejected trademark application?
Yes, if your trademark is rejected after responding to an objection, you can file an appeal with the Intellectual Property Appellate Board (IPAB) or the relevant authority in your jurisdiction.
How long does it take to resolve a trademark objection?
The time frame for resolving a trademark objection varies depending on the complexity of the case and the workload of the trademark office. It can take several months to a year or more.
Do I need a lawyer to respond to a trademark objection?
While it’s not mandatory, hiring a trademark attorney is advisable, especially if the objections are complex. A lawyer can help craft a strong reply and navigate the legal intricacies of the objection process.
Can a trademark objection affect my business operations?
A trademark objection does not immediately affect your business operations, but it delays the registration process. Without registration, your legal protection for the trademark is limited, which could impact branding and enforcement actions.
What are the chances of success in overcoming a trademark objection?
The success rate depends on the nature of the objections and the strength of your response. A well-prepared reply addressing all objections and providing solid evidence increases the likelihood of overcoming the objection
What are the different types of objections that can be raised against a trademark application?
Objections can be broadly categorized into:
Can I modify my trademark to overcome an objection?
Yes, in some cases, you can modify your trademark to address specific objections. For example, if the objection is based on similarity to an existing mark, altering certain elements of your trademark might resolve the issue. However, substantial changes may require a new application.
What is the time frame for responding to a trademark objection in different jurisdictions?
The time frame varies by country. In many jurisdictions, such as India, you typically have 30 days to respond. In the United States, you generally have six months. Always check the specific rules for your jurisdiction.
Can I withdraw my trademark application if I receive an objection?
Yes, you can choose to withdraw your application if you receive an objection. This might be a strategic decision if the objections are substantial and difficult to overcome. However, the application fee is usually non-refundable.
What is the role of a trademark hearing in the objection process?
If your response to an objection does not satisfy the examiner, you may be called for a trademark hearing. During the hearing, you or your attorney will present arguments and evidence to convince the registrar that the trademark should be registered.
What happens if the examiner’s objections are upheld after my response?
If the examiner is not convinced by your response, they may reject the application. You can then file an appeal with the appropriate appellate authority or court. The appeals process can be lengthy and may require additional legal resources.
How can I prevent trademark objections in the first place?
To minimize the risk of objections:
Is it possible to negotiate with the owner of a conflicting trademark?
Yes, if the objection is based on a conflict with an existing trademark, you may be able to negotiate with the owner for a consent agreement. This agreement allows both parties to coexist without legal conflict, provided certain conditions are met.
What is the impact of a trademark objection on international applications?
If you’ve filed for trademark protection in multiple countries through a system like the Madrid Protocol, an objection in one jurisdiction could influence objections in others. It’s crucial to address objections promptly and consult legal experts familiar with international trademark law
Can a trademark objection be resolved through mediation?
In some cases, mediation or settlement discussions can resolve disputes related to trademark objections. This is often quicker and less costly than litigation. Mediation is particularly useful when objections are based on conflicts with existing trademarks.
What should I do if I receive multiple objections from different countries?
If you receive objections from multiple jurisdictions, it’s important to coordinate your responses. Different countries may have different legal standards, so tailored responses are necessary. Working with international trademark attorneys can help manage this complex process.
Can a third party object to my trademark after it's been accepted?
Yes, even after initial acceptance, third parties can file an opposition to your trademark registration. This opposition is a formal process where another party believes your trademark infringes on their rights. You’ll need to defend your trademark during the opposition process, which may involve presenting additional documents and evidence.