Among Asia's Top 100 Consulting Firm
10,000 + Happy Customers
Lowest Fees
4.5+ Google Rating
Expert Assistance
Trademark Objection
A trademark is a brand’s identity that represents these combinations of tagline, logo, and symbol. Frequently, during the trademark registration process, the Trademark Registrar brings up criticism on the expected trademark if it disregards rules and laws of trademark registration. It could be because of few reasons like absence of distinct design, offensive to a particular religion, similarity with an existing trademark, etc. In the event of a trademark objection reply, an extensive answer should be recorded inside a month, from the date of issuance of the protest.
What is Trademark Objection?
Trademarks can be objected to by the examiner, public, or any other third party when it is applied for registration. It occurs during the initial stage of the trademark registration process when the examiner objects the trademark application because of a few reasons. The objection can’t be the purpose for rejection; in any case, the registrar looks for additional explanations and clarification about the logo and its legitimateness. The third-party can also object to the trademark for the sake of public interest. There are two different ways when a third party or public can object the registration of a trademark:
At the point when the trademark is distributed on Trademark Journal. In case the candidate utilizes the mark before its registration. When the trademark status objection is received, within a month or in the recommended time period the applicant should document a comprehensive objection reply.
The purpose behind Trademark Objections
Endless supply of the application, the brand name analyst investigates the application for its accuracy. Trademark status objections can be received for the accompanying reasons:
- Incorrect form
The examiner can object If the candidate applies for trademark registration by filing the wrong form.
- Incorrect applicant name
Examiner double-checks for the accuracy of the candidate’s name; the name must be similar to what is given in PAN. Subsequently, it is necessary to cross-check the spelling of the name twice.
- Utilization of Deceptive Words
If a trademark name or logo utilized is tricky in nature or usage of any misleading term that gives a false description about the product shall be dismissed.
- Offensive terms
Trademarks will not utilize any offensive term which can prompt the rejection of the trademark.
- Insufficient Information On Goods Or Services
When the trademark application failed to mention necessary information, in brief, the trademark examiner may reject the application based on such grounds.
- Identical Logo Already Registered
If the proposed trademark is identical or similar to the already registered logo, the examiner shall state the reason it can create confusion to raise the TM objection.
Agenda for A Trademark Objection
The Trademark Examiner investigates the trademark application to ensure the application isn’t in trouble with any trademark rules. A trademark application confronts complaint about any of the following reasons:
- Documenting of Incorrect Trademark Form
The examiner would raise an objected status in Trademark if the application is not filed using the correct form. For example, it is Form TM-4 for registration of aggregate marks for merchandise and enterprises in any one class. Form TM-51 for registration of a trademark under various classes of merchandise and enterprises.
- Incorrect Trademark Applicant Name
Trademarks have to be documented on the genuine name of the applicant and double-checked for the correct spellings.
- Utilization of Deceptive And Offensive Terms
Trademark names that incorporate deceptive terms or that which try to deceive or mislead customers with false descriptions of items or administrations will be dismissed. For example, an entity branded ‘Vanilla chocolates” that sells chocolate flavors might be extremely deceptive. Simultaneously, applications registering for trademarks containing offensive terms will be rejected.
- Deficient Information on Goods/Services
It is highly likely that the Trademark Examiner may dismiss the application because of the unclear information when the trademark application neglects to mention in detail the items and administrations of the business.
- Presence of an Identical Mark:
The expected trademark should not be similar to any mark that as of now exists in the business. The Trademark Examiner can bring up criticisms under the Trademarks Act expressing that it may create confusion among the majority.
Steps To File a Trademark Objection Response in a Detailed Process
When an objection is raised, the status of the trademark in the Indian Trademark Registry will be set apart as ‘Objected”. These are the following steps to file a response in the event of a trademark objection process:
- Step 1: Analyzing Trademark Objection
The initial step includes investigating and examining the objection cautiously, as any ambiguity in understanding can lead to mistaken documents of Trademark Objection Response.
- Step 2: Drafting Of Trademark Objection Response
The next step is to draft a trademark objection response which should incorporate the following:
- An appropriate response to the TM objection reply raised with supporting principle of law and points of reference and decisions supporting the case.
- Other supporting records and proof that approves the response.
- An affirmation expressing the use of the trademark in the candidate’s website and online media channels; publicity material; accessibility of trademarked products on web-based business destinations, promotion in the media and so on along with the narrative evidence for the equivalent.
- The contrasts between the clashing mark and the mark of the candidate
- The response draft is then documented online on the Trademark e-filing gateway.
- Step 3: Trademark Hearing
If the response is acknowledged, the application will be handled further for registration and notice in the Trademark Journal. If it is not accepted, or there are extra explanations looked for by the Trademark Examiner, there would be a trademark hearing planned and the same will be informed with a notification.
- Step 4: Publication In The Trademark Journal
In the event that the result at the conference is positive, the mark will be acknowledged and will be requested to be published in the Trademark Journal.
In case of a negative result, the Refusal Order will be passed, clarifying the purpose behind the refusal. The candidate actually would have the choice to request to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the request must be inspected. - Step 5: Registration
When the trademark is distributed in the Trademark Journal, it will be available for examination for a time of four months. If there is no third-party oppositions are documented within that period the mark will then continue towards registration, and the Registration Certification is given. If any trademark registration status objection is recorded the opposition procedures will happen according to the recommended rules of the law.
Frequently Asked Questions
The status of the trademark application can be followed here. The status will be shown as ‘Objected”.
The response has to be drafted and submitted in the notice of 30 days from the date of issuance of the assessment report.
Yes, it is mandatory to submit an affidavit mentioning the usage of the Trademark.
If he/she is not able to attend the hearing the applicant may request a hearing adjournment.
Approximately, Trademarks will be registered in 3-5 months after the hearing.
Yes, it is mandatory to submit an affidavit mentioning the usage of the Trademark.
If it is not successful, there will be a Refusal Order passed that clarifies the explanation for the refusal.
Trademark registration is required for making legal action against infringers. It is always advisable to apply for a new trademark application and/or contest the rejected trademark, as the case may be.
