Law

TRADEMARK OBJECTION – A Brief

During the process of Trademark registration, the application is examined by the examining officer and queries raised by him on some grounds in the examination report is called trademark objection. Objection is the disapproval by the examining officer on any of the valid grounds that cause error in the registration process of trademark. One needs to give trademark objection reply within one month of the objection raised.

Grounds for Trademark Objection

A trademark application can be objected on one or more of the following grounds

  • Deceptive marks-

The trademarks which are capable of deception of the public by way of any reason its quality, usage or character. This trademark are gives a vague and misleading description of goods and services.

  • Descriptive marks-

Descriptive trademarks are descriptions which identifies the goods and services. They are not entitled to any benefit arising out of trade mark registration. There is merely the description which creates confusion among the public.

  • Existence of identical trademark-

If the examiner finds that there are similar trademarks already registered of the same nature, they are known as identical marks and are not capable of being registered again as it will create confusion among the similar marks. If the trademark appears for registration in the different class no trademark objection arises in such cases.

  • False specification of goods and services-

One needs to mention the details related to the goods and services that he is willing to register in the trademark application while filing the application to the registrar of trademark. If the specification filled thereinafter is false of deceptive in any manner, the examiner can raise trademark objection for which the owner of the trademark need to give trademark objection reply.

  • Incorrect details in trademark application-

The details filled in the application for trademark registration shall be true to the best of the knowledge of the applier otherwise the trademark objection can be raised by the examiner.

  • Prohibited under Emblems and Names Act-

The trademark shall not be one which has been prohibited under the Emblems and Names Act.

In order to overcome the trademark objection, one needs to show in his trademark objection reply that the trademark is totally distinctive and does not infringe any of the provisions of the Trademark Act, 1999. Filling of correct and specific trademark objection reply is necessary to secure the trademark registration.

The trademark objection reply must include:

  • Case laws and precedent of the trademark office.
  • A specific and relevant answer to trademark objection.
  • Supporting documents and evidences proving the trademark to be distinctive.
  • An affidavit shall also be accompanied with trademark objection reply stating the usage of the trademark for the particular goods and services which makes it distinctive.

It is highly advisable to appoint an attorney or a trademark agent to give trademark objection reply for the trademark objection raised by the examiner in the trademark examination report. Company Vakil provides the service of making a timely and satisfactory trademark objection replies.

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