What Is A Trademark Objection?

Once a trademark application is filed, the first step in its journey to registration would be examination of the said trademark. Examination of a trademark means that the mark would be checked to see if it complies with the relevant provisions of the Trademarks Act and is fit to be registered.

If the proposed trademark does not comply with the relevant provisions of the Trademark Act, the objection is instituted by the trademark examiner.

Trademark Objection Process

  • If you have filed your trademark with us, we suo-moto will inform you that your trademark has been objected. If you are not our customer then its best to contact us within one month from the date of objection as the time period within which an objection examination report is to be responded to, is one month from the date of receipt of the said report and failure to do so, would, as per law, deem the application as abandoned.
  • We will understand your case and respond to the TM authority within 3 working days from the date you will get in touch with us. If the examiner is satisfied from this reply, then the application is ordered for the advertisement/publication in the Trademark Journals.

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Why the Trademark is objected?

1.lack Of Distinctiveness (Section 9)

When the Registrar/Examiner considers a trademark to be descriptive of goods/generic/laudatory/indicating quality or nature of goods.
In General – When your Mark is not a specific name, but it is the description of the work or the quality of your Product, then objection may be raised by the examiner in respect of the distinctiveness of your name.

2.Similarity With Pending Or Registered Marks (Section 11)

When there is an identical/similar trademark in respect of identical/similar goods/services already on record in the Trade Mark Registry.
In General – When your trademark is identical or too similar to an already filed application or with any registered mark, then an objection may be raised by the examiner in respect of the identity of your mark.

3.Other Reasons

Using geographical names; international proprietary names; offensive or obscene words as a part of or as a trademark results to Trademark Objection.

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