Trademark objection in India

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What is a trademark objection?

Trademark objection is a process where the trademark examiner may put an objection to trademark application due to certain reasons. An objection is one of the initial stages in the registration process. It can be objected by the public, examiner or any other third party.

Trademark Objection simply doesn’t mean refusal of trademark registration application but in fact, significantly demands a sense of clarity regarding the trademark that applicant has opted for registration.

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.

Reasons for Trademark Objection?

Objections can be received for the following reasons:-

i) Applicant’s wrong/incorrect data.

ii) Lack of distinctiveness in trademark.

iii) The trademark serves as a description of the company’s services and products.

iv) Pre-existence of a similar trademark

v) Disrespectful to any religion.

vi) Insult to the national flag and emblem

vii) Filing incorrect form

viii) Filing under wrong trademark class

ix) False specifications

x) Mismatch of the affidavit

Objections of Trademark in India:

An Examiner/ Registrar may file an objection under Section 9 (Absolute Grounds of Refusal) and Section11 (Relative Grounds of Refusal) of the Trade Marks Act.

Trademark objection is made under Section 9 if the Registrar thinks that the mark is descriptive of goods/generic/ laudatory/ indicating quality or nature of goods. This means that if the mark is not a specific name, but a description of the work or the quality of the product, then the Registrar can raise an objection on the lack of distinctiveness of the Trade Mark.

Trademark objection is made under Section 11 of the Trade Mark Act if the trade mark is identical/similar to trade mark which is already on the Trade Mark Registry or even similar to an already pending trade mark application.

Trademark Objection Reply in India:

The registrar would send an examination report to the applicant with the grounds of raising objection against the trademark. The applicant must reply to the registrar with a well drafted and point wise trademark objection response within 30 days of the examination report in support of his trademark. If the applicant failed to reply to the registrar then the trademark would be marked as abandoned.

What are the Documents Required for Trademark Objection Reply?

Documentation required for replying to the trademark objection are as follows:

i) Brand Logo

ii) Examination Report

iii) Supporting Proof of Logo Ownership

iv) Proof of your identity

v) Address proof

What are the Benefits of Trademark Objection Reply?

Following are the benefits of Trademark objection:-

i) It provides your brand a unique identity as trademark represents your company which helps you to stand out among others.

ii) It will provide your brand a special protection.

Note: This Post was last updated on April 25, 2021

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation i.e. April 25, 2021. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, We assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. We assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

Sunita

Founder & Director | COO & CHRO at eTaxFinance | Content Writer at eTaxFinance Blog | Department Head for Intellectual Property & Startup Team | Head-Corporate Strategy and Planning