What is Trademark Objection?
In India, a trademark objection arises when the Trademark Registry expresses doubts over a trademark application, thereby impeding its prompt registration. Usually, this occurs because the mark has the capacity to violate one of the Trade Marks Act, 1999’s absolute grounds for denial or infringe upon an already-registered brand, i.e., be too similar and would confuse consumers. These justifications consist of:
- Absence of uniqueness (using terms that are descriptive or generic)
- Being dishonest (giving false information about a good or service)
- resemblance to banned names or insignia
- Unethical behaviour or controversy
- An examiner issues an Examination Report outlining the objection(s) when they find such flaws.
When do you receive a trademark objection?
- Similarity with existing Trademark
In case the filed trademark application holds a certain similarity with an already existing mark in the register, then in such a scenario, it is expected that you will experience trademark objection.
- Inappropriate Content
In some cases where the descriptive content pertaining to the mark is inappropriate and against the guidelines prescribed under the applicable law, then it is expected that the registrar will raise an objection against the mark.
- Non-submission of TM-48 Trademark Form
If no TM-48 Trademark Form has been submitted, it is expected that the application field for trademark registration will be objected against for the said reason.
- Deceptive Mark
If the mark filed for trademark registration is deceptive in terms of presentability, meaning that it appears to be some other mark that already holds certain popularity and market reputation under their mark, then the application is objected to.
- Non-distinctive or Unclear Design
Sometimes, the marks are unclear, be it in improper image clarity or not particularly defined marks when it comes to drawing a clarity under the mark, then the application is subject to objection.
- Improper Symbol usage
There are certain symbols that are prohibited to be used while crafting a mark for your business. Such marks sometimes include national emblems, government signs, etc. If your mark filed for registration holds any such symbol, then the application received an objection.
- Application Error
If the application contains any typo error or any incorrect information pertaining to the applicant’s details, then the application for trademark registration faces a pedal of objections.
- Wrong form selection
Many applicants choose the wrong form for Trademark registration filing. If you have also chosen the wrong form, then your application can experience objection from the Registrar. Thus, you will be liable to file for the application again with the right form.
How do you reply to Trademark Objections?
After that, the applicant has a set amount of time—typically four months for regular applications and three months for expedited applications—to submit a response answering the objections. This response may entail:
- Presenting justifications and proof for the mark’s uniqueness
- Changing the application to set the mark apart from others that already exist
- Refusing to pursue the application if it doesn’t appear likely to be successful
After considering the response, the Trademark Registry makes a determination regarding whether to accept the application, raise additional objections, or set up a hearing. In the end, the objection procedure aims to safeguard the public and current companies by guaranteeing that registered trademarks are actually unique and do not deceive consumers. Or you may follow the following step-by-step process to create an easy journey.
Step 1: File the Counter Statement. The first step comprises filing a counter statement with the registrar against the objection raised for your trademark application. The counter-statement shall be filed within two months from the date of receipt of the objection.
Step 2: Hearing Scheduled. Next comes when the Registrar receives your counter statement. After evaluation, the registrar will schedule the hearing so both parties have an opportunity to be heard.
Step 3: Present your case. You have to prepare your case for presentation along with relevant documents and evidence to support your matter, showcasing that the trademark applied for is authentic.
Step 4: Appeal. If the registrar has favoured the case for the opposing party and you are not satisfied with the decision, then you may file the appeal with the Intellectual Property Appellate Board (IPAB)
Step 5: File the Counter. If you have proceeded with the appeal, you will now have to prepare and file the counter for the same within three months from the date of passing order.
Step 6: Avoid delays. If there is any delay in filing the counter application, you will be fined Rs 2500 along with an explanation for such delay. If accepted, your case will be scheduled for hearing.
Step 7: Documents endorsement. The proceeding will take place under the IPAB rules. Before proceeding ahead, the documents need to be verified and endorsed by the Deputy Registrar.
Step 8: The results. The deputy registrar will notify if any defects are required to be corrected within two months from the date of notice issued. Otherwise, the approval will be granted. Important to note that the application will be tagged as abandoned if there is no response received on the notice.
Documents required for the Trademark Objection
For the Trademark Objection reply, you will need the following documents:
- Authorized document report
- Trademark examination report
- Identification document
- Documents pertaining to address verification
How can RegisterKaro help you in the process?
- Pool of Experts
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RegisterKaro Trademark Related Services are of premium quality at the most efficient rate, which suits the client’s pocket, making sure that quality service is not the only thing the client gains on our platform.
- Client-oriented approach
Our team of experts is well trained and equipped with a client-oriented approach, keeping in mind that the process must be client-centric, focusing on meeting all the requirements of their business and, therefore, satisfying their needs.
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For the fact that we focus on a client-centric approach, we keep our process structurization open for the client to alter it as per their need, requirements, and vision. For us, obtaining the best results is the focus, along with the Client satisfaction.
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- What is trademark objection?
Trademark objection is the response to the applicant from the Indian Mark Registry in case the application has certain points that are not suitable for approval. This objection is generally raised by the general public after the date of advertisement of the same.
- How do you oppose a trademark?
You can oppose the trademark with the registrar within four months from the date of registration application advertisement made in the trademark journal. This opposition is made through a notice in the form of TM-O, along with a fee payment.
- What is the objection charge for a trademark?
The official fee for the objection for a trademark in class one costs around Rs 2700.
- How do you clear a trademark objection?
To clear the trademark objection, the first thing you need to do is to file a counter statement against the statement of Objection, which should be done within two months from the date of receipt of the objection notice. If not abided by the timeline, the status for the application changes to ‘abandoned’.
- What is the time limit for trademark objection?
The standard time limit for trademark objection is four months beginning from the date of advertisement in the Trademark Journal.
- Can we use a trademark after objection?
Trademarks cannot be used during the objection period. The objection raised by a third party needs to be resolved first as per the rules, which demand equal opportunity for both parties to be heard. You can use a trademark when the opposition is dismissed and the trademark certificate is issued.
- What is Section 9 trademark objection?
According to Section 9(1)(a) of the Trademark Act of 1999, a mark cannot be registered if it is not distinctive enough to set the applicant’s goods or services apart from those of others.
- What is Section 11 of trademark objection?
According to Section 11(1), a trademark cannot be registered if it is similar to or identical to a prior trademark and both trademarks cover the same products or services.
- What are trademark opposition and objection?
While trademark opposition is started by a third party that is hesitant to accept your mark, trademark objection is carried out by the trademark examiner. Trademark resistance and objection are commonly confused.
- What if an objection is raised to my trademark?
By submitting a request on form TM-16, the applicant can request to amend their trademark application in order to address a disagreement over the products or services specified.