When an application for a trademarkis filed, the examiner of the merchant mark goes through the application and also looks for earlier trademarks that are similar to the trademark being applied for. After the examiner is done with the investigation process, the examiner files the report as Trademark Test Report.
A trademark application may face objection due to several reasons, they are:
use of the wrong trademark form Leads to Trademark objection
If the application is not made on the correct form, the objection can be raised by the Trademark Examiner. The examiner’s statement will be as follows: “The application is made on Form TM-1, for a certification mark in respect of goods and services falling in a class, Form of application to be corrected as TM-4 by filing a request should. on TM-16″.
One can overcome this objection by filing a request on Form TM-16 to rectify the trademark application.
Incorrect trademark applicant name is also a Reason for Trademark Objection
The name mentioned in the application must contain the names of each of the partners and must be entered in the name of a partnership firm. It should be filed on TM-16.
One can remove the objection by filing a Request on Form TM-16 for Wrong Trademark Applicant Name Requesting Correction to the Trademark Application.
Failure to File Trademark Form TM-48
Whenever a Trademark Application is filed by a Trademark Attorney or Trademark Agent for any person, Trademark Form TM-48 should be attached. In case Form TM-48 is not attached or is executed incorrectly, the Trademark Examiner shall raise objection and objection as following:
One can overcome an objection to filing a failure or incorrect Form TM-48 through a request to rectify a trademark application by filing a request on Form TM-16.
Incorrect address on the Trademark
If the original Aadhaar of the person is not mentioned in the application, the objection raised would be as follows: ‘The original Aadhaar of the applicant should be brought on record by filing a request on TM-16.’
One can remove the objection for wrong address by filing a request on Form TM-16 to rectify the trademark application.
Unsure Specifications of Goods or services
The trademark examiner may object to the large number of products and services mentioned in the application or to the fact that the list is too vague to be considered. If such an objection is raised, the person will have to file a request on TM-16 to rectify the objection and list the exact products for which the trademark is sought.
One can remove an objection to the specification of goods or services through a request to correct a trademark application by filing a request on Form TM-16.
Same or Similar Trademark Exist is Also a Reason for Trademark Objection
The examiner can raise an objection if the trademark sought has a resemblance or similarity to something already in existence. The objection under section 11(1) of the Trade Marks Act shall be raised as the same or similar marks are on record with respect to the same or similar description, and thus may cause confusion among the public. In such a case, the individual can justify his trademark by providing proof of separation from the already existing trademark.
The person may submit a reply to the Trademark Examination Report stating that the trademarks cited as conflicting marks in the Examination Report are different from the individual’s trademarks, as well as supporting evidence.
Trademark Lacks Distinctive Character
Trademarks which are not capable of distinguishing the products/services of one person from another are devoid of distinctive character and hence are legally liable for objection under full grounds for denial of trademark.
In order to overcome the trademark objection for refusal, the applicant may submit evidence to show that the mark has acquired a distinctive character on the basis of its prior use.
Trademark is Deceptive
An objection may be raised by a trademark examiner if the mark itself or its use has the potential to deceive the public because of something inherent in it, such as the nature, quality or geographic origin of the products or services.
An objection in the form of a misleading trademark can be overcome if the individual wishes to exclude the products or services from the specification by filing Form TM-16.
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