Trademark Objection is all about issue regarding the trademark ,that is if any one apply for trademark registration and in that trademark words or logo is matched with other trademark that is registered. Trademark registration is a intellectual protection of trademark ,under which a text or visual symbol is used for the business to distinguish its services or products.for registering a trademark you have the follow a procedure ,and its take time of 15-20days. The trademark registered under Trademark Act 2000 will be valid only in India. However in some countries trademark registered in India can be used as a base for registering trademark in that country.
Trademark Objection Comes due to various reasons.their are some reasons to avoid this:
Avoid duplicity ,because its generate copyright issue.
Make that trademark which Couldn’t be hurt religious sentiments
Trademark must be unique with slogans, words and color combination with the existing trademarks.
If in any case u received trademark objection, you have to respond back with n a month. you will have to receive a proper legal documents from the concerned department. But if u don’t get any paper then your application is processed further. There are two key types of objection which may be made against your trademark;
Those raised by the Registry
Those raised by third parties.
Registry objections are generally based on genuine or absolute grounds. there are few firms who are help to design your trademark and avoid objection.TM mark can be used with trademark after allotment of TMR number from the government.
Trademark Examination Report
Once a trademark registration application is submitted and examined by a Trademark Officer, a trademark examination report is sent to the trademark applicant or the person authorised by the trademark applicant. The trademark examination report is also put up on the trademark office website along with details of the trademark application. The applicant or the authorised agent then has a chance to submit a reply to the trademark examination report with a rebuttal, if there is an objection by the trademark examiner. The response is then considered, and if the objections can be waived on the basis of the applicant’s response, the trademark application is accepted for registration, and the trademark is published in the trademark journal.
How to Reply to Report Trademark Examination
The response to an objection in a trademark examination report can be submitted by the trademark applicant or by an agent authorised by the trademark applicant as the “Reply to Examination Report”. The response can be submitted online through the trademark office website or could also be submitted by person or post. Any affidavit and supporting documents should also be submitted along with the Reply to Examination Report.
Top Reasons for Trademark Objection
The following are the top reasons for trademark objection:
A. Use of Incorrect Trademark Form
In case the trademark application is not made on the proper form, an objection as following is raised by the Trademark Examiner.
B. Incorrect Trademark Applicant Name
The trademark applicant name must be entered properly in an application, as suggested in this article. In case of incorrect trademark applicant name, the Trademark Examiner would raise an objection
C. Failure to File Trademark Form TM-48
henever a trademark application is filed by a Trademark Attorney or Trademark Agent on behalf of the applicant, Trademark Form TM-48 must be attached. In case of Form TM-48 is not attached or incorrectly executed, the Trademark Examiner would raise and objection
D. Incorrect Address on Trademark Application
In case a trademark application has not mentioned the principal place of business of the applicant, or if the applicant’s address for service in India is not mentioned.
E. Vague Specification of Goods or Services
In a trademark application, if the specification of goods or services is too vague or encompasses a large variety of goods and services in a class, then an objection can be raised.
F. Same or Similar Trademark Exists
In case, same or similar earlier trademarks of different trademark owner are found on records in respect of the same or similar description of goods or services; then an objection is raised.
G. Trademark Lacks Distinctive Character
Trademarks which are not capable of distinguishing the goods/services of one person from those of another person are devoid of distinctive character and thus liable for objection under absolute grounds for refusal of trademarks.
H.Trademark is Deceptive
An objection can be raised by the Trademark Examiner, if the mark has the potential for the deception of the public by reason of something inherent in the mark itself or in its use, like nature, quality or geographical origin of the goods or services. An objection as to deceptive trademark can be overcome if the applicant seeks to exclude goods or services from the specification by filing Form TM-16.
The objection on trademark is communicated to you via examination report which is prepared by the examiner of the trademark applications. you can download the report from the IPR website
You can get the examination report of the trademark objection on the website of IPI India.
legalstartup drafts and file a reply within the 2 working days of objection received subject to the availability of the documents
As far as the status is showing objected you can be able to file the reply for your trademark objection mentioned in the examination report
Q. Even after filing the trademark objection reply, the status is still showing objected? What to do in this situation?
No there isn’t any government fee to file the examination reply
The main difference between trademark objection & trademark opposition is that the objection arises at the preliminary stage that is at the time of filing of a trademark application while the trademark opposition is filed at later stage when the trademark is advertised in trademark journal.
No, You don’t need to be physically present for the process, legalstartup is an online catering platform all you need is an internet connection in your phone/computer and the required documents
The applicant must file legal reply drafted by professional within 30 days in order to rebuttal the objections raised and clarifications required by the Trademark Registry. If you didn’t file a reply within time, your trademark use rights shall be revoked.
Q. Can I use the TM sign for my Trademark or Logo even if the Trademark Objection Examination Report is issued?
Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.
The reply to the Trademark exam report should be submitted within 30 days from the date of examination report raised. If you didn’t file the reply within time, your trademark use rights shall be revoked.
After the filing reply to the Trademark Objection with the Registry, it will automatically be displayed on the application status in IPR website. Besides, the alert ‘Pending for Reply’ will be removed from the status.
A show cause notice will be issued in case trademark Objection needs further clarification. However, the chances of getting a show cause notice are very rare. It is issued only if the examiner is not satisfied with the reply filed.
The application is published in the trademark journal for next 3 months, where it can be objected by a third party. If no opposition has been made by the third party, trademark Registration Certificate will be issued by the Trademark Registry.