Trademark Objection in 2023 – an Overview
Trademark objection has to be handled with care and is considered as the most important stage of trademark registration. Trademark objection is included in the trademark registration application process. The Trademark Examiner raises objections on certain articles on the basis of discovery during the examination process. It should be handled with care, and concrete answers should be provided to the questions raised; Otherwise, it may lead to rejection of the trademark application. The trademark must not be similar or identical to a third party mark; It should be isolated in every possible way.
Trademark is one of the rights granted for the protection of intellectual property in India. Under the Trademark Act 1999, The rights covered consist of protection, registration and objection of a trademark with the government authority.
Trademark registration goes through the following steps:
- Trademark Verification/Search
- Filing an application
- Formality inspection
- Publication in the journal
- Grant of registration
A registered trademark cannot be used by a third person without authorization; Thus it protects it from any infringement.
What is Trademark Objection?
Once an application for registration of a trademark is made, it can get Trademark Objection by the public, the examiner or any other third party. It is during the initial stage of the Trademark registration Online process that the examiner objects to the trademark application for various reasons. Objection cannot be a reason for rejection; However, the Registrar seeks further clarification or clarification regarding the logo and its validity.
Third parties can also object to the trademark in the name of public interest. Two ways when a public or a third party can object to the registration of a trademark:
- When a trademark is published on the Trademark Journal
- If the applicant uses the mark before its registration
On receipt of the objection, the applicant has to file a comprehensive objection reply within one month or within the stipulated time period.
Also Read-
Trademark Objection Under Section 9
Reasons of Getting Trademark objection
On receipt of the application, the Trademark Examiner examines the application for its correctness. An applicant can get the Objections because of the following reasons:
Wrong form
If the applicant files a wrong form during trademark registration, the examiner can object to it.
Wrong applicant name
The examiner double-checks the correctness of the applicant’s name; Name should be the same as given in PAN. Hence, it is advised to double check the spelling of the name.
Use of confusing words
If the trademark name or logo used is of a misleading nature or contains any misleading term that gives a false description of the product, the same shall be rejected.
Objectionable terms
The trademark shall not use any offensive word so as to cause the trademark to be rejected
Insufficient information on goods or services
When the trademark application fails to mention in brief the required information, In short, the Trademark Examiner can reject the application on such grounds.
Similar logo already registered
If the proposed trademark is identical or similar to an already registered logo, the examiner will raise an objection stating the reason it may lead to confusion.
Reply To The Raised Objection
Once the objection is lodged, a notice is given to the applicant stating the grounds for such objection. Once you get the objection, you have to follow the following steps:
Receipt of Trademark Objection
Once you get the Trademark objection, then you have to carefully analyze and study the objections so that there is no scope for ambiguity.
Objection reply
Once the Trademark objection is received, the applicant shall file a counter statement on the objection raised. Appropriate reply will be drafted with supporting rules and documents, such as:
- An affidavit which describes the use of the trademark
- Advertisement in media
- Proof of online availability of the trademark
Such reply along with supporting documents shall be filed online on the Trademark e-filing portal.
The hearing
The Authority, on receipt of the reply to the objection, shall, at its discretion, accept or reject the same. If the reply is accepted by the authority, it will further move to the next step of registration and advertise the same in the Trademark Journal. However, if it is not accepted, or the authority has called for further clarification, The Examiner will schedule a trademark hearing and the same will be notified through a hearing notice.
Trademark journal
If a trademark is accepted and granted after the hearing, it will be published in the Trademark Journal. However, during the hearing, if the trademark is refused, the authority shall pass a refusal order stating the reasons in brief.
Review petition
On receipt of the refusal order, The applicant can file a review petition within 30 days of the receipt of the refusal order and specify the reasons on which the order should be reviewed.
Registration
Once published in the Trademark Journal, it will be open for opposition for four months. In case no opposition is received during the specified period, it shall proceed towards registration and thereafter a certificate of registration shall be issued which shall contain the registered logo along with the class in which it is certified.
What to Do When you Get The Trademark Objection?
- Get in Touch with a professional Trademark expert
- Get the test report and study it thoroughly. Respond to the report and must explain how and why the objections are not valid.
- Legaltax will Give a proper answer to the objections received within 30 days from the date of receipt, otherwise the application will be considered rejected. It is important to submit the answer within the stipulated time period and in a prompt manner.
- You have to Give your answer clearly and precisely. make it strong enough with high precision to establish the distinctiveness of the mark, thus making it eligible for Trademark Registration