Trademark Objection

Overview

The trademark should satisfy the examiner and adhere to all rules and regulations. If the registrar believes that the mark is generic, laudatory, descriptive of products, or indicates the quality or type of commodities, a trademark objection may be filed under Section 9. 

The objection is not a negative response. The registrar searches for reasonable arguments or explanations regarding the mark and its capacity to be registered. When the examiner objects to your mark, an examination report is given to your service address, allowing the applicant to explain how the claimed trademark complies with the requirements to obtain justifiable registration. Within 30 days of receiving the examination report or becoming aware that the report is available online, the applicant must file a written response if the examiner has objected to the trademark application.

What is a trademark objection?

When a potential trademark registrant applies, an examiner looks over the document. In cases where the Act and rules are broken, the examiner may object to the trademark application. The examiner’s objection is referred to as a trademark objection.

A trademark examiner who has been designated by the trademark registry to review trademarks and is charged with the responsibility of reviewing trademark applications would object. The trademark examiner may object to your application during the trademark registration procedure’s trademark objection stage for various reasons. He also offers the applicant a chance to explain how the particular trademark satisfies the requirements for obtaining a legitimate registration.  

Reasons for trademark objection

• Inaccurate information on the trademark form: If any application-related information, such as the applicant’s name, the primary location of the business, trademark class, etc., needs to be corrected.
• Filed using the wrong form for a trademark: If the trademark application form is incomplete, the examiner may object. 
• An identical or similar mark is a misleading logo or trademark similar to another registered brand.
• Lack of originality: A mark or logo presents a problem for the consumer and does not help identify the products and services, or else it needs to be protected.
• Fake explanation of products and services: Submitting a trademark application with incorrect product or service information.
• Harsh language: If an insulting word or image appears in a trademark or logo, that application will be rejected.

Documents needed to file trademark objection

• Authorization Records
• Report on Trademark Examination
• Proof of Address
• Evidence of Ownership of the Logo
• Your identity’s proof

Trademark objection procedure

One of the initial steps in the trademark registration process is trademark objection. The examiner opposes and objections the application for specific reasons following the Trademark Objection Process. The Trademark Objection Procedure is not considered a straight denial; the registrar seeks a legitimate justification or explanation through the trademark objection process.

Upon filing an objection, the applicant will get an adequate notice regarding the objection and the grounds for the objection. One must first provide a rebuttal statement to the objection. The application will get abandoned unless no objection is submitted within two months.

How to file a trademark objection reply

The applicant will have the chance to respond in writing to any objections made by the trademark registrar if they are raised. They will also have the opportunity to be heard if the trademark registrar does not object to the registration of a trademark. Online trademark complaint replies are also possible to submit.

Following the registrar’s designation of the application as Objected, the applicant must submit a response in the manner described below:

Step 1: Detailing the Objection and interpreting it

Before submitting the reply, the applicant carefully reads the Trademark objection before submitting the reply to comprehend and interpret the grounds. The response must be sent with the proper justification.

Step 2: Preparing the reply ready for submission

Crafting an appropriate answer based on several rulings and cases is necessary. The trademark response includes the justification, supporting information, and arguments that make a case for why the mark should be registered in the applicant’s favour.

Step 3: Acceptance of response or a hearing for the applicant

If the examiner is pleased with the response, he will approve it, permit additional registration, and publish it in the Trademark Journal.

Step 4: Publishing in the Trademark Journal

Following the hearing, the trademark may be published in the Journal if the application is approved. If the examiner denies the mark, a Refusal Order is issued with the legitimate grounds for the violation.

Step 5: Issuance of registration certificate 

As soon as the mark is published in the Journal, the public can examine it. A registration certificate will be given to the trademark registered holder if no objection is made within the allotted 4-month period, and the mark will proceed towards registration.

The applicant or agent may respond to the trademark objection via the trademark office’s online website, in person, by mail, or any combination of these methods, provided that the required affidavits and papers properly back them.