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What is Trademark Objection ?

When the status of the trademark in the Indian Trade Mark Registry website is shown as ‘objected’, this means that the trademark examiner has raised an objection against the Trademark in the examination report. He gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration. A trademark objection occurs when a trademark examiner, public or a third party objects to the registration of a particular trademark. The applicant has to file a reply within 30 days of the examination report. The Government trademark examiner can object to a trademark registration application by seeking valid explanations about the mark. Often during the registration process, the Trade Mark Registrar or private individual may raise an objection for registration of a Trademark. There may be two specific reasons for such an objection->If the application contains incomplete/wrong information; or> Similar trademarks already exist

Procedure to Trademark Objection
  • Analyzing Trademark Objection
  • MyFiler experts will assess implications of the notice
  • Drafting of Objection Reply
  • Approval of Draft from client
  • Submitting Objection Response
What can be the reasons for Trademark Objection?
  • Incorrect Name of the Trademark Applicant: In case the applicant didn't mention his name correctly in the TM application then the trademark examiner will raise an objection to his application. One can reply to the objection or overcome it by filing a trademark form TM-16.
  • Failure to file Trademark form TM-48: If the Trademark Attorney or Trademark Agent file the trademark application on behalf of the applicant, then the applicant must attach the TM-48 form. The objection can be rectified when the applicant corrects the application by filling the form TM-16.
  • Incorrect address on Trademark Application: If the applicant mentions the incorrect address of the principal place of business, or if he doesn’t mention the address, then the examiner will raise the objection against it. ‘The principal base of the applicant should be brought on record by filing a request on TM-16.’ The applicant must correct the objection by doing the aforementioned.
  • Existence of a similar Trademark: If the proposed Trademark already exists, then the TM officer will not approve it and raise the objection. The objection will be raised under section 11(1) of the Trade Marks Act as identical or similar marks in respect of identical or similar description are there on record, and may thus create confusion among the masses. In such a case, the applicant can justify his/her trademark by providing evidence of the same being different from already existing ones.
  • Trademark lacks distinctive character: The trademarks which are unable to distinguish the goods and services of one person from those of the other person are said to be devoid of distinctive character, and thus liable for objection. In order to rectify this objection under absolute grounds for refusal, the applicant has to submit evidence regarding the mark that it consists of a distinctive character by virtue of its proper use.
  • Vague specifications of Goods and Services: The trademark examiner can raise an objection over a large number of goods and services mentioned in the application or to the fact that the list as mentioned is too vague to be considered. If you have specified the goods and services casually, which contains a huge variety of the same, then the TM examiner will raise the objection against the same, hence one needs to be very specific.
  • Deceptive Trademark: An objection can be raised by the trademark examiner if the latter feels that the trademark can deceive the public in terms of its use, nature, quality, and the like. One can overcome the objection of the deceptive Trademark by filing the TM-16 Form.
  • False Specifications of goods or services: Filing a Trademark application under an incorrect class or a false description is wrong. This may lead to objections.
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