Trademark Objection

A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.

But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.

 

Reason

A trade mark application can face objection for any of the following reasons:

Filing of Incorrect Trademark Form:

If the application is not filed using the correct form an objection would be raised by the examiner. For example, it is Form TM-4 for registration of collective marks for goods and services in any one class. Form TM-51 for registration of a trademark under different classes of goods and services.

Incorrect Trademark Applicant Name:

Trademark has to be filed on the true name of the applicant and double-checked for the right spellings.

Usage of Deceptive And Offensive Terms:

Trademark names that include deceptive terms or that which try to deceive or mislead customers with false descriptions of products or services will be rejected. For instance, an entity branded “Vanilla chocolates” that sells chocolate flavours may be deemed deceptive. At the same time, applications registering for trademarks containing offensive terms will be rejected.

Insufficient Information On Goods/Services:

When the trademark application fails to mention in brief the products and services of the business, it is highly likely that the Trademark Examiner may reject the application due to the vague information.

Existence Of An Identical Mark:

The intended trademark must not be similar to any mark that already exists in the industry. The Trademark Examiner can raise objections under the Trademarks Act stating that it might create confusion among the masses.

 

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Steps/Process

Step 1: Analyzing Trademark Objection

The First Step is to study the facts of the case properly.

Step 2: Drafting Of Trademark Objection Response

After studying the facts, prepare and finalize draft case properly.

Step 3: File Trademark Reply with department

After filing the TM reply the next step will depend upon the government reply.

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