ABOUT TRADEMARK
There are total 45 classes in trademark according to (International classification of goods and service) NICE Classification. And according to NICE Classification there are 3 different types of trademark
1.) Descriptive Trademarks,
2.) Merely Descriptive Trademarks, and
3.) Generic Trademarks.
Descriptive Trademark helps to describe a product or some characteristics of a product.
Merely Descriptive Trademark describes a quality of marked Goods or Services.
A generic trademark (genericized trademark) is a trademark or brand name which is in general class of services or products.
To identify the brand owner of a particular product or service we check Trademark. And for the other categories trademarks are used under a licensed agreements. The unregistered/unauthorized trademarks which are producing and trading replicate/duplicate consumer goods are comes under a brand piracy. And there is an option to search for Trademark registration by which we can gather information of opponent’s database or to detect the similar applications at the time of objection and opposition.
Trademark has a couple of section as (9 and 11), where the section 9 prohibits the registration of mark which is the characteristic of one person or thing and a word or words those are really peculiar of a person’s goods must be inadequate of application to the anyone else goods. In section 11, it is registered in a good faith disclosing the material information’s to the registrar.
If we talk about how to respond to an objection then, initially we have to file a counter statement to the objection which should be filed within in a time of 1 month from the date of receipt of the notice of objection and If in any case we fail to file a counter statement within the given time then the status of the application will be changed to abandoned.