Trademark Objection
There are numerous reasons that objection can be raised by Trademark office such as the word or logo is too similar to an existing trademark, because it could hurt religious sentiments or if it is likely to cause confusion or any other reasons.
If the Examiner /Registrar raises objections in the Examination Report, the status of your trademark application will show as “Objected”. After the application is scrutinized, objections may be raised by the Examiner/Registrar under the Trade Marks Act Sections 9 and 11.
For Example, Objections are likely to be made under Section 9, when the Examiner/ Registrar considers the trade mark to be descriptive of generics/laudatory/goods indicating nature or quality of the goods.
Section 11 objections are made by the examiner/ Registrar when there is a similar/ identical trademark in respect of similar/identical services/goods already on record in the Trade Mark Registry. In such a case, the Examiner/ Registrar issues a computer generated Search Report which comprises the list of conflicting marks.
You must file your response to this objection within a month from when the Examination Report has been published online. If it has been sent to you or your lawyers, then a month from when it was received. If you don't, the Registrar could abandon the application altogether.
To overcome this objection, it is essential to show that the trade mark is characteristically distinctive. This objection can also be avoided if the trade mark has developed a unique character because of extensive use. For this purpose, it is required to submit a user affidavit with cogent evidence which shows that the trade mark has acquired uniqueness.
Why is a trademark objected?
A trademark can be objected because of an Identical Name, Likelihood of confusion, Descriptive Name, Deceptive Design, Prohibited Name or detrimental to existing trademark
Who objects the trademark?
Trademark is objected by a trademark examiner who is appointed by trademark registry and is authorized with the duty of examination of trademark applications.
Trademark Examination Report
It is a report issued by the trademark examiners concealing the grounds, reasons, and facts as to why the trademark application is objected.
Reply to trademark objection
The reply to the trademark objection requires to be submitted before trademark office. Failure to do so shall result in rejection of your application.The Trade Mark Registrar raises an objection for registration of a Trademark; the applicant has an opportunity to submit a written reply to the objection raised within the stipulated period of 30 days from the date of the receipt of the Examination Report. The reply to the Trademark Examination Report should contain reasons, facts and evidence as to why the mark should be registered in favour of the applicant along with supporting evidence, if any.
Time limit for objection reply
It is required to reply within 30 days from the date of receipt of the examination report containing the grounds of trademark objection. When the Trade Mark Registrar raises an objection for registration of a Trademark; the applicant has an opportunity to submit a written reply for the objection raised within the stipulated period of 30 days from the date of the receipt of the Examination Report.
Trademark Journal
It is an official gazette of the trademarks registry. If the trademark examiner is satisfied with the reply to the objection, the trademark is advertised in the trademark journal.If the Trademark Examiner determines that the reply to the objection sufficiently addresses all concerns cited in the Trademark Examination report, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.
Trademark Hearing
In case the Examiner requires further information or documents or is not satisfied with the documents submitted in response to the objection, he/she could call for a hearing. In a hearing, a Trademark Attorney can represent the applicant with the concerned Officer to explain why the mark should be registered.
Why should you respond back to a Trademark Objection?
- Always be well prepared before you receive any trademark objection from the department.
- You should have appropriate proofs which will prove that your trademark does not have anything to do with the existing word or logo of another person.
- It provides your brand a unique identity as trademark represents your company which helps you to stand out among others.
- It will provide your brand a special protection