If you fail to respond to a trademark objection within the stipulated time frame — typically 30 days from the date of issuance of the examination report — your application is liable to be abandoned by the Trademark Registry. This means your trademark will not proceed to registration, and you will lose the priority and rights associated with your application.
Checking the status of your trademark application is an essential step to stay updated on its progress and take timely action if any objection or opposition arises. Here are the steps to check trademark application status:
Understanding the distinction between a trademark objection and a trademark opposition is important as both are crucial stages in the trademark registration process but differ in timing, parties involved, and purpose.
| Aspect | Trademark Objection | Trademark Opposition |
|---|---|---|
| When It Occurs | During the examination phase, after the application is filed and examined by the Registrar. | After the trademark application is published in the Trademark Journal. |
| Who Raises It | The Trademark Registrar (examining authority). | Any third party or competitor who believes the mark conflicts with their rights. |
| Purpose | To raise issues about the registrability of the trademark based on legal grounds (absolute or relative). | To challenge the proposed registration based on similarity, prior rights, or other valid reasons. |
| Grounds for Raising | Grounds under Sections 9 and 11 of the Trade Marks Act, such as lack of distinctiveness, similarity to existing marks, or descriptive nature. | Similar grounds as objection, but initiated by a third party within 4 months of publication. |
| Process | Applicant replies to the objection by submitting a legal response and evidence to the Registrar. | The opponent files a formal notice of opposition; then both parties present arguments before the Registrar. |
| Outcome | The registrar decides whether to accept or refuse the trademark application based on the reply. | The registrar decides whether to register or refuse the trademark after hearing both parties. |
| Timeframe | Usually within 30 days of receiving the examination report. | The opposition period is 4 months from the date of advertisement in the Journal. |