Introduction

Trademarks play a crucial role in distinguishing a company’s products or services from those of its competitors. It is essential for businesses to protect their trademarks by registering them with the relevant authorities. However, not all trademark applications are approved. In some cases, the Registrar of Trademarks may raise an objection to a trademark application under Section 11 of the Indian Trade Marks Act, 1999. In this article, we will explore what trademark objection in Section 11 means and the various grounds for refusal of registration.

What is Trademark Objection in Section 11? Section 11 of the Indian Trade Marks Act, 1999, outlines the absolute grounds for refusal of registration of a trademark. These are the various reasons why a trademark application may be rejected by the Registrar of Trademarks. If the Registrar finds that a trademark application does not meet the requirements of Section 11, he may raise an objection and refuse to register the trademark.

The objective of Section 11 is to ensure that the trademarks registered are distinctive and not likely to be confused with existing trademarks. It also prevents the registration of trademarks that are contrary to law, morality, or public order. The grounds for refusal of registration under Section 11 are as follows:

1. Lack of distinctiveness: A trademark must be distinctive in nature to be registered. If the proposed trademark is too generic or descriptive, it may be refused registration. For example, the words “fast” or “cheap” cannot be registered as trademarks as they are considered too generic.
2. Deceptive marks: A trademark should not be deceptive in nature. If a trademark is likely to deceive consumers about the nature, quality, or origin of the goods or services, it may be refused registration.
3. Identical or similar to earlier trademarks: If a proposed trademark is identical or similar to an existing trademark, it may be refused registration. This is to prevent confusion among consumers about the source of the goods or services.
4. Contrary to law: A trademark that is contrary to the law, morality, or public order may be refused registration. For example, a trademark that promotes illegal activity or is offensive may be refused registration.
5. Generic terms: A trademark that consists of generic terms may be refused registration. For example, the word “computer” cannot be registered as a trademark for a computer company as it is considered too generic.
6. Descriptive terms: A trademark that consists of only descriptive terms may be refused registration. For example, the word “soft” cannot be registered as a trademark for a soft drink as it is too descriptive.
7. Misleading terms: A trademark that consists of misleading terms may be refused registration. For example, the word “organic” cannot be registered as a trademark if the product is not organic.
8. Geographic names: A trademark that consists of a geographic name may be refused registration. For example, the word “Delhi” cannot be registered as a trademark for goods or services related to Delhi.
9. Well-known marks: A trademark that is identical or similar to a well-known trademark may be refused registration. This is to prevent the dilution of the well-known trademark’s distinctiveness and reputation.

The Registrar may also refuse registration of a trademark on the grounds of Section 9 and Section 13 of the Indian Trade Marks Act, 1999. Section 9 deals with trademarks that are devoid of any distinctive character, while Section 13 deals with trademarks that are likely to deceive or cause confusion among consumers.

What Happens After Trademark Objection is Raised?

If a trademark objection is raised under Section 11 of the Indian Trade Marks Act, the applicant will receive a notice of objection from the Registrar of Trademarks. The notice will outline the grounds for refusal of registration and provide the applicant with an opportunity to respond to the objection.

The applicant must file a response to the objection within one month of receiving the notice. If the response is not filed within this period, the Registrar may abandon the application. The response must address the grounds for refusal of registration and provide evidence to support the applicant’s case.

The Registrar may then consider the response and either accept or reject the trademark application. If the application is accepted, the trademark will be published in the Trademarks Journal. If no opposition is filed against the trademark within four months of publication, the trademark will be registered.

If the Registrar rejects the trademark application, the applicant may appeal the decision to the Intellectual Property Appellate Board (IPAB). The appeal must be filed within three months of the date of the Registrar’s decision. The IPAB will then review the case and either uphold the Registrar’s decision or allow the trademark to be registered.

It is important to note that trademark objections can prolong the trademark registration process and delay the use of the trademark. Therefore, it is essential to ensure that a trademark application is filed correctly and meets the requirements of Section 11 to avoid objections.

Conclusion

Trademark objection under Section 11 of the Indian Trade Marks Act is a significant hurdle that businesses must overcome to register their trademarks. The grounds for refusal of registration outlined in Section 11 are aimed at ensuring that the registered trademarks are distinctive and do not cause confusion among consumers.

If a trademark objection is raised, the applicant must respond to the objection within one month and provide evidence to support their case. The Registrar will then consider the response and either accept or reject the trademark application. If rejected, the applicant may appeal the decision to the IPAB.

Therefore, it is crucial for businesses to understand the requirements of Section 11 and file their trademark applications correctly to avoid objections and ensure timely registration of their trademarks.