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My Registration

Trademark Objection - An Overview

What is Trademark Objection? How to respond to it?

Usually, companies and enterprises utilize logos, a set of selective words, and designs for giving high-level recognition to their products. It is expected that they will be able to protect their brand names from getting imitated by any third party. The mark used by a company for business purposes is known as a trademark. If for any reason the business comes across the situation of trademark objection, then below is the guide regarding the best way to respond.

An Insight to Trademark Objection!

Having a trademark helps customers to identify the brand along with the quality and origin of the product. Every organization needs to comprise unique identification to let itself stand out from the crowd. For trademark registration, the company owner needs to apply for a trademark through application to the registrar of trademarks.

But, there may be some vital reasons due to which the trademark registration application may get rejected. Such a situation is known as trademark objection.  During the verification process, in case the trademark examiner objects to the application; then further processing may come to a halt.

Then, you need to prove your point by providing various justifications to the registrar. Generally, it is the third party that opposes the registration process of the trademark.

What are the Grounds Under which a Trademark Can Get Objected?

There are several grounds under which the objection towards trademark results. Some of the vital ones include the following:

  • Using of misleading marks

Misleading marks refer to those that result in further creation of confusion among the public. As a result, the public gets misguided. If the trademark examiner suspects that the respective trademark may misguide the public in any way, then it may result in an objection. 

  • Lacking discretion

Sometimes result in the creation of a dilemma among the customers, then it may also lead to the objection of the trademark. If the customers fail to identify your goods and services, then it may result in lots of confusion.

  • Existence of an indistinguishable trademark

Whenever your trademark becomes identical to an already existing trademark, then also an objection arises. The owner is supposed to have a thorough check on the trademark database before finalizing the trademark symbol.

  • Falsified identification of goods and services

If due to any reason, the respective trademark depicts any piece of incorrect information regarding the products and services, then it may result in the holding of the application.

  • Using of the offensive word

Rejection of trademark containing any offensive word or image may also result in rejection of trademark application. Usage of any word or image that may hurt the sentiment of people must be avoided.

  • Providing vague specifications –

Providing vague specifications of goods and services also results in the rejection of the application. The applicant must provide exact details of the items so that it does not result in any type of argument.

  • Incorrect name of the applicant

This is another reason for the rejection of trademark applications. The name of every partner must be filled in correctly at the time of applying for a trademark. A small blunder may result in the rejection of the application.

  • Not filing of trademark form of TM-48

At the time of applying for trademark registration, the form TM-48 must be filed properly. The objection may be rectified provided the applicant corrects the application by filling out the TM-16 form.

  • Filling of an incorrect address on the application

If the applicant forgets to mention the appropriate address of the business place, then there are higher chances of getting the application rejected. The principal base of the application must be brought to record by the filing of a request on the TM-16 form.

  • Lacking a distinctive character

If the trademark selected by you lacks certain distinctive characters, then also your application may go on hold. For getting approval from the respective authority, the applicant must provide necessary proof that the trademark comprises its character.

These are some vital reasons that result in trademark objections. If you want to know how to handle such situations tactfully, then below is a guide regarding the same.

What is the Procedure to Respond to Trademark Objection?

Did you apply for a trademark? Did it got rejected due to the filling of some incorrect details about trademark objection? If yes, then below is the procedure to respond to the same tactfully:

  • Filing a statement

The moment an objection arises, you will receive a notice of grievance along with the grounds of objection. Post receipt, you need to file a statement within sixty days. Failing to do the same may result in considering your application as rejected permanently.

  • Attending the hearing

Once the counter-statement of objection rises; the trademark registrar will call the applicant for a hearing. During the hearing, a detailed analysis of every detail will be carried out. If everything seems in the favor of the applicant, then the entire application will be considered for approval. Else, the application may get rejected.

  • Filing of an appeal to the IPAB

Post the application gets registered, the applicant must file an appeal to the respective board, i.e., the Intellectual Property Appellate Board (IPAB). The appeal must be filed within ninety days from the order that has been passed by the registrar.

One important point is that in case the appeal takes more than ninety days, the applicant needs to state a genuine reason for the delay. Only then, the appeal will be posted for further hearing.

In Conclusion!

If you are planning to apply for a trademark but not getting where to start from, then better login to MyRegistration.in. We have a team of highly skilled and experienced professionals that will help you in every regard. From guiding in filling out the application form to verifying every detail, we will be pleased to provide the best assistance.

We will also guide you to fill up the mandatory forms to prevent rejection of your application in further stages. Feel free to get back to us anytime!