Trademark Objection
Trademark objection occurs when the Registrar of Trademarks raises concerns or objections against the registration of a trademark application. This process aims to ensure that trademarks meet legal requirements and do not conflict with existing trademarks or violate other provisions of the Trademarks Act, 1999.
What is Trademark Objection?
Trademark objection is a formal notification from the Trademarks Registry indicating that there are issues with the trademark application. These issues could relate to similarity with existing trademarks, non-compliance with legal requirements, or lack of distinctiveness.
Reasons for Trademark Objection:
1. Similarity with Existing Marks:
If your trademark is similar to an existing registered or pending trademark, it may lead to objection.
2. Descriptive or Generic Marks:
Marks that are too descriptive of the goods/services or are generic in nature may face objection.
3. Offensive or Prohibited Content:
Trademarks containing offensive or prohibited content may be objected to on moral or legal grounds.
4. Non-distinctiveness:
If the trademark lacks distinctiveness or is too common to identify a particular source of goods/services, it might be objected to.
Process of Trademark Objection:
The trademark registration process in India is overseen by the Controller General of Patents, Designs, and Trademarks, under the Ministry of Commerce and Industry. The key steps involved are:
1. Receipt of Examination Report:
The applicant receives an Examination Report from the Trademarks Registry detailing reasons for objection.
2. Response Filing:
The applicant must file a response within 30 days (extendable) addressing the objections with appropriate legal arguments and evidence.
3. Registrar’s Decision:
After reviewing the response, the Registrar may accept the trademark, request a hearing, or reject the application.
Pricing Plans
Scale
₹ 19,999 /-
Inclusive of all Tax
- Reply to Trademark Objection
- Attending Unlimited TM Hearing
FAQ on Trademark Objection
You should carefully review the reasons for objection in the Examination Report and prepare a detailed response addressing each issue.
Yes, you can amend certain aspects of your application to overcome objections. Amendments should not alter the essence of the mark.
Failure to respond within the specified timeframe may result in abandonment of your trademark application.
The timeframe varies, but typically, it depends on the complexity of objections and the efficiency of response filing.
Yes, you can appeal to the Intellectual Property Appellate Board (IPAB) against the decision of the Registrar.
While there are no strict formats, responses should be clear, concise, and supported by legal arguments and evidence.
Yes, it is advisable to seek assistance from trademark attorneys or professionals experienced in intellectual property law.
You may need to negotiate with the holder of the prior rights or amend your trademark to avoid conflict.
Conducting a comprehensive trademark search before applying can minimize the risk of objections by identifying potential conflicts early.
Yes, you can voluntarily withdraw your application if you decide not to pursue registration further.