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Trademark Registration : Can we file TM for an objected trademark
25-Oct-2023 (In Trademark & Copyright Law)
I wanted to file a TM application for the Class 42, for my Company, but other company filed the application for the word mark (Initials of my Company name) under that same category before I do. My company incorporated date is 13th May 2019, and other party(other company) filed the TM application on 22nd July 2019 (after 76 days of my company incorporation & Initials word of my company name), and their TM application OBJECTED.
#My Question :
#1: Can I file for that same word mark (my company initial word) under same TM Class 42, that has been Objected (TM application of Other Party) ?
#2: What will be the STATUS of my TM application if I file TM application ?
#3 : Does the Incorporation of my Company Date makes My Case Strong (other party filed TM app. of my company initial word, after 76 days ) ?
1. Yes you can file
2. It's a prosecution thing so it will go stage wise. Whatever the status will be it can be challenged.
3. Yes it does. More if you are doing continuous business since incorporation.
2. It's a prosecution thing so it will go stage wise. Whatever the status will be it can be challenged.
3. Yes it does. More if you are doing continuous business since incorporation.
Helpful?
Adv. Abhijeet Gathraj
Ahmedabad | 25+ Answers
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