Trademark Objection

An Overview of Trademark Objection  

A trademark is a brand’s identity that can comprise of tagline, logo, symbol or all of them. As part of the trademark registration process, the Trademark Registrar will often criticize a trademark if it disregards trademark registration laws and rules. There can be several reasons behind this, such as lack of distinctive design, offensive to a particular religion, similar to someone else’s trademark, etc. Upon receiving a trademark objection reply, a detailed response should be provided within a month of issuance.

What is Trademark Objection?

The examiner, the public, or any other third party may object to a trademark when it is applied for registration. In the initial stage of trademark registration, the examiner objects to the trademark application for several reasons. If any objection is raised, the registrar will look for additional clarifications and explanations about the logo and its legitimacy. Public interest can also be used as a reason for any third party to object to a trademark.

At the time when the trademark is updated on the trademark journal public, any third party can object. A candidate may use the mark before it is registered. The applicant should respond to the trademark status objection within a month or within the recommended time period.

What is the purpose behind Trademark Objections?

The application’s details are carefully examined by a brand name analyst, as there are an endless number of applications. Trademark status objections can be due to the following reasons:

Incorrect Form:

Applicants should carefully select the right form for application else the examiner may object.

Incorrect Applicant Name

It is highly likely that the applicant made mistakes while writing their name. The name should match the PAN. Therefore, double-check for the same.

Utilization Of Deceptive Words

The trademark of the product should give a clear indication and should not be tricky in order to deceive anyone. If the examiner finds the use of any deceptive words, then the application will be rejected.

Offensive Terms

Trademarks should not have any offensive terms; else it will be rejected.

Insufficient Information On Goods Or Services

The trademark should give a piece of brief and accurate information about the product and service. If failing to do so, the application can be rejected by the examiner.

Identical Logo Already Registered

As mentioned before, the trademark must be unique and not have any similarities with other trademarks. If the examiner finds any similarity, they will reject the application.

Steps To File a Trademark Objection Response in a Detailed Process

The Indian Trademark Registry will set aside a trademark as “Objected” when an objection is raised. Responding to a trademark objection process involves the following steps:

Step 1: Analyzing Trademark Objection

The first step is to carefully understand the objection and plan to solve it accordingly. This is a crucial step, as if not done properly, one might submit the wrong documents for Trademark Objection Response.

Step 2: Drafting Of Trademark Objection Response

The objective response should incorporate the following:

• Providing a response to the TMM objection reply along with supporting principles of law, points of reference, and decisions.
• The response is supported by other supporting documents and proof.
• In order to demonstrate the equivalent use of the trademark, the candidate must provide an affirmation stating that the trademark is used on the candidate’s website and online media channels, publicity material, accessibility of trademarked products on web-based business destinations, media promotion, etc.
• Contrasts between the clashing mark and the candidate’s mark
• A draft response is then documented online on the Trademark e-filing gateway.

Step 3: Trademark Hearing

The application is submitted to the Trademark Journal for examination if the application itself is acknowledged. A trademark hearing is planned, and the applicant is notified if the application is rejected and the examiner needs some explanation.

Step 4: Publication In The Trademark Journal

If the hearing goes successfully and the explanation is acknowledged by the examiner, then the trademark is posted in the trademark journal for further examination.

In the event of a negative result or rejection, the Refusal Order will be sent to the applicant with due reason. The candidate can file for a review petition with proper reasons for the consideration. This must be done within 30 days from the date of the refusal order.

Step 5: Registration

Trademark is available for examination for four months upon release o the trademark journal. The mark will proceed toward registration, and the Registration Certification will be issued if there are no third-party oppositions within that period. In cases of trademark registration status opposition, the opposition procedure will be conducted according to the recommended rules of law.

Frequently Asked Questions