Trademark Objection: An Overview

Once you apply for trademark registration, the registrar can raise objection against your application in case your trademark of your application violates any trademark rules.

A trademark refers to a symbol or a mark that represents your business. You use it so that your customers can uniquely identify your products or services from others of similar kind. To obtain trademark, you have to register it, and that’s where things get tricky.

Following all the rules of trademark can be difficult for an organization. Thus, at times, the trademark registrar raises objection to trademark application in case it violates any trademark registration rules. Some of those common violations are as follows:

• The mark is similar to existing trademark
• The mark is offensive to a particular community
• The mark doesn’t have any distinct design

So, what to do if and when you face trademark objection? What happens if a trademark is objected? You need to file a trademark reply, a detailed one at that, to the Registrar of trademark. And, you have to file it within one month after you’ve received the objection to trademark registration.

Reach out to us to file a comprehensive trademark reply for trademark objection

Why do you face trademark objection?

After your application has been filed, the trademark examiner scrutinizes it to ensure that the application doesn’t violate any of the trademark rules. If the examiner finds the following violations with your trademark application, he or she objects to your trademark

• Incorrect application filing: If you’ve not filed the application for trademark registration using the correct form, your application will face trademark objection in India. For instance, suppose you’re filing trademark application that has multiple trademark classes, then you’re supposed to file TM-4m instead of TM-51 which is the trademark application form for different trademark class.
• Incorrect name of the trademark applicant: It’s necessary to file the trademark with the absolutely correct applicant’s name. Otherwise, the trademark won’t have a trademark holder.
• Using offensive and deceptive terms for trademark: Most trademarks that face objections are ones that try to either deceive or mislead customers. These use tactics such as false description of the products and services, and using symbols similar to existing trademark to sway the customers. Additionally, if a trademark makes fun of a particular community of people, even in such case it’s not allowed registration.
• Lack of information about goods and services: When filing the application for trademark registration, you should make it a point to provide complete information about your product and services. Not doing so gives an excuse to the Registrar to can object to your trademark application.
• Your mark is same as the one that already exists: If your trademark is exact copy of the one that has already been registered, then the Registrar won’t allow your application to go through.

How to reply to trademark objection – a detailed process

Not all is lost once your trademark faces objection, for you have an option to file a trademark reply within one month of receiving the said objection. Following are the steps to file a trademark reply:

• Analyse the reason of objection: To create a precise reply, you need to know the reason why your trademark faced objection. Thus, deeply analyse the reason of that objection and take your time when you are doing that.
• Draft a reply to the trademark objection: After analysis of the trademark, draft a reply with the following points:
  
  • A prper answer to the trademark objection along with rules and sections to support it.
  • The difference between yur mark and the conflicting one.
  • Supprting documents to support your case.
  • An affidavit that entails yu using the trademark for marketing purposes, along with the documentary proof of the same.
  • After creating the first draft and then reviewing it, submit it nline via the trademark portal.
• Trademark hearing: If the reply is accepted, your trademark will reach to the journal publication stage. If not, you’ll be asked to attend a trademark hearing where you’ll clarify, in person, your trademark reply.
• Trademark publication: If the trademark hearing leads to positive outcomes for you, your trademark will reach the journal for publication. If not, you’ll receive a trademark refusal notification.

How Regalguru can help you?

We provide end to end trademark objection reply services. That include:

• Trademark reply drafting
• Legal assistance
• Trademark clearing

For queries about trademark objection, reach out to Regalguru.

Documents Required for Trademark Objection Reply

The same set of documents are required for objection reply as required during registration process and also certain additional documents such as:

• A copy of the examination report
• Power of Attorney signed by the applicant
• Documentary proof such as affidavit, permission from another trademark holder etc.
• Please note that documentary proof (if needed) will vary from one case to another.

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