Trademark Objection: Reasons & Response

Trademark Objection: Reasons & Response

A trademark application can be objected to by the public, examiner, or any third party once it has been applied for registration. In the initial stages of trademark registration, the examiner objects to the trademark application for a number of reasons. In spite of the objection, the registrar is seeking further explanations about the logo and its legality to determine if it should be rejected.

  • Public or third parties may object to the registration of a trademark for two reasons:
  • When the trademark is published on Trademark Journal
  • In case the applicant uses the mark before its registration
  • After receiving the objection, the applicant must file a comprehensive objection reply within one month or within the prescribed time frame.

Reasons for Trademark Objections

Upon receipt of your trademark application, the trademark examiner will inspect it for accuracy. You may have to face trademark objection for the following reasons:

Incorrect Form

Applicants who file the wrong trademark registration form can be objected to by the examiner.

Incorrect Applicant Name

As the examiner double-checks the applicant’s name, it is advised to double-check the spelling. The name must be similar to what appears on the PAN.

Usage Of Deceptive Words

Any trademark name or logo that gives a false description about the product shall be rejected if it is misleading in nature.

Offensive Terms

The trademark cannot use an offensive term that can lead to the trademark being rejected

Insufficient Information On Goods Or Services

Lack of necessary information in a trademark application may lead to its rejection by the trademark examiner.

Identical Logo Already Registered

The examiner must raise an objection if there is a similarity or identicality between the proposed trademark and an already registered logo, explaining how it could cause confusion.

Respond to Objection Raised

The applicant is given notice of such objection, and once the objection is received, the applicant should follow the following steps:The applicant is given notice of such objection, and once the objection is received, the applicant should follow the following steps:

Receipt Of Trademark Objection

The applicant must carefully analyze and examine the objections once they have been received in order to avoid any ambiguities.

Objection Reply

In response to the objection raised, the applicant shall submit a counter statement. An appropriate answer, along with supporting rules and documents, must be prepared, including: • An affidavit stating the usage of the trademark • Advertisement in the media • Evidence that the trademark is available online. Such reply along with supporting documents must be submitted on the Trademark E-Filing portal.

Hearing

Authority, when receiving the objection reply, will either approve or reject it as per its discretion. In case the authority accepts the reply, it will proceed further for registration and advertise the same in the trademark journal. However, in case it is not accepted, or authority sought for further clarification, the examiner shall schedule the trademark hearing and the same shall be notified through hearing notice.

Trademark Journal

In case after the hearing, a trademark is accepted and granted, the same shall be published in the Trademark Journal. However, during the hearing, if the trademark is rejected, the authority shall pass the refusal order stating the reason in brief.

Review Petition

After receiving a refusal order, an applicant may file a review petition within 30 days, stating the reasons why the order should be reviewed.

Registration

After the trademark is published in the journal, it shall remain open for four months for the opposition. In case of no receipt of any opposition during the stated period, it shall proceed towards registration and thereafter registration certificate shall be issued that contains the logo registered along with the class in which it is registered.

Leave a Reply

Your email address will not be published.