Trademark Objection
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About Trademark Objection
A trademark is a logo, symbol, tagline, or a combination of these that represents a brand’s identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.
Checklist For A Trademark Objection
The Trademark Examiner scrutinizes the trademark application to make sure the application isn’t in conflict with any trademark rules. A trademark application can face objection for any of the following reasons:
Filing Of Incorrect Trademark Form
If the application is not filed using the correct form an objection would be raised by the examiner. For example, it is Form TM-4 for registration of collective marks for goods and services in any one class. Form TM-51 for registration of a trademark under different classes of goods and services.
Incorrect Trademark Applicant Name
Trademark has to be filed on the true name of the applicant and double-checked for the right spellings.
Usage Of Deceptive And Offensive Terms:
Trademark names that include deceptive terms or that which try to deceive or mislead customers with false descriptions of products or services will be rejected. For instance, an entity branded “Vanilla chocolates” that sells chocolate flavours may be deemed deceptive. At the same time, applications registering for trademarks containing offensive terms will be rejected.
Insufficient Information On Goods/Services:
When the trademark application fails to mention in brief the products and services of the business, it is highly likely that the Trademark Examiner may reject the application due to the vague information.
Trademark examination report
Documents required
Objections as to Formality Requirement
For instance
Suppose the trademark applicant has called for the consent of a person whose portrait appears on the trademark. In that case, the applicant must submit the person’s consent in writing with the supporting documents or state that the picture appearing on the trademark is not of a specific person but is a generic image.
The objection as to the Wrong Classification of Trademark Class
The objection can be caused due to the goods or services mentioned in the application do not fall in the correct trademark class; the trademark applicant may file a request to correct the class or the state as per the classification of goods or services published by the registrar have been rightly classified.
However, getting proper legal advice is necessary for the correct classification of goods and services before submitting a reply to the examination report for objection as to the wrong category of trademark class.
The objection as to Trademark Lacks Distinctiveness
In case of objection as to non-distinctiveness of the trademark, the applicant can submit a reply to examination report establishing that the trademark applied for registration is capable of distinguishing the applicant’s good or service, pr the brand has acquired a distinctive character because of its extensive use concerning relevant goods or service, before the date of application.
Suppose the trademark has acquired distinctiveness by its extensive use. In that case, the applicant should file an affidavit as evidence of using the trademark and its supporting documents.
The objection as to Identical or Similar Trademark Exists
Suppose the objection is on the relative grounds of refusal because of identical or similar trademarks regarding similar goods or services. In that case, the applicant can also produce consent or no consent objection from the proprietor of marks cited as conflicting in the examination report.
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Trademark Objection FAQ's
The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is unsatisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days.
The trademark examination report of the objection over trademark on the website of IPI India.
The trademark experts draft and file a reply within 3 days of raising an objection that is received subject to the available documents.
The trademark objection is raised by the examiner by raising questions over the criteria that are followed during registration whereas the opposition is done by a third party over the credibility of the trademark.
A trademark is objected to due to many reasons like the documents filed or the fulfillment of the criteria that is mandated by the rules.
Trademark objection can be raised on two grounds absolute and relative grounds.
In case the reply doesn’t match the criteria the trademark application gets rejected.
The intellectual property appellate board can be approached in case of rejection.
No there is no Government fee to file for a reply.
No, the applicant doesn’t need to be physically present. TaxBanking can help you draft a reply for the trademark objection.