Trademark Objection - Overview
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Reasons For Trademark Objection
Trademark Objection Reply
Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected. A trademark application must be filed by the Applicant with the relevant Trade Mark Registrar in the prescribed format to register a trademark. Once a trademark application is filed, the Trade Marks Registrar would process the Application and issue an Examination Report. Among the outcomes, the Trademark Examination Report could allow for the trademark application to be advertised before registration or the Trademark Examiner could object to the registration of the mark.
In cases wherein the Trade Mark Registrar raises an objection for registration of a trademark, the Applicant has an opportunity to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the Applicant along with supporting evidence if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.
Reasons For Objection
- Existence of a similar trademark – The examiner would issue an objection if the Trademark filed for registration is similar to an existing trademark already registered in the trademark registry. The objection will be raised under section 11(1) of the Trade Marks Act as identical or similar to existing trademarks. This may cause confusion among the masses and trademark authorities need to prevent it. Applicants can reply to this objection by stating how their Trademark is different from the existing Trademark with evidence. This objection also highlights the importance of a complete trademark search done professionally pre-registration.
- Trademark has common character – This objection will be raised for Trademark which is quite similar to Trademark of other individuals or firms. Goods and services should have a distinctive character with other firm’s goods and services. Applicants need to prove that his or her products indeed have a different character of their own.
- Deceptive Trademark – A trademark is deemed deceptive if it is deceptively similar to another mark if it so nearly resembles that other mark as likely to deceive or cause. Applicants can mitigate this objection by applying by filing form TM-16.
- Indistinct specifications for goods and services – This objection could be raised if the examiner finds that a large number of goods and services are filed under Application. It is not clear under which goods and services application has been filed.
- Wrong address mentioned on the application form – It is important to mention the address of the principal base of Applicant. If the correct address or incomplete address is mentioned then trademark objection would be raised in the following manner: “The principal base of the applicant should be brought on record by filing a request on TM-16”.
- Application in incorrect form – This objection would be raised if the Application is not raised incorrect form. The trademark examiner would ask the Applicant to fill the trademark application in the correct form.
- Wrong applicant name – The name mentioned in the application form should match with identity and address proof attached with the Application. Name of all directors and partners should be clearly mentioned as the case may be.
- Not filing form TM-48 – It is mandatory to file trademark form 48 or TM-48 if an Application is being filed by an attorney or an agent.
Documents Required For Registering A Trademark
- The copy of the trademarks or the logo of the brand.
- A duly filled application form is to be submitted.
- Goods and services registered.
- The details of the Applicant, such as name, address and nationality.
- The type of business you are involved in.
- Registration address.
- The objective of the business.
- The Applicant has to sign a power of attorney
There is a ten year validity period that is given to a trademark from the date of applying. It is renewable for as many times as you want to renew it for ten years. A renewal must be filed within a year before the expiry of the term of 10 years. If the renewal is filled in the last year, a surcharge will be granted. The renewal process includes that you get the help of a professional so that it is easy for you to have legal support in case any corrections have to be made in the renewal.