One of the rights allowed to safeguard intellectual property in India is the trademark. The Trademark Act of 1999 covers rights such as trademark protection, registration, and opposition to a mark before a government body.
The procedures for trademark registration are as follows:
- Search for and verify trademarks
- Being published in the journal
- Registration being granted
A registered trademark is protected against infringement since no other party may use it without permission.
What is a Trademark Objection?
The general public, the examiner, or any other third party may object to a trademark after it has been submitted for registration. The examiner may object to the trademark application for a number of reasons during the first phase of the trademark registration procedure. The registrar requests more information or clarifications concerning the logo and its legitimacy, even though the complaint cannot constitute the justification for rejection. In the interest of the public good, the third party may also oppose the trademark. There are two ways the general public or a third party can protest the trademark registration:
As soon as the trademark is posted on Trademark Journal
If the applicant makes use of the mark before it is registered
The applicant must provide a thorough trademark objection reply within a month of receiving the objection, or within the specified window of time.
Arguments against trademarks
The trademark examiner reviews the application after receiving it to ensure that it is accurate.
There are a few possible causes for receiving objections:
Mistaken Form: The examiner may raise a trademark objection if the applicant submits the incorrect form while requesting trademark registration.
Unreliable applicant name: The applicant’s name is verified by the examiner to ensure that it matches the name listed in the PAN. Therefore, it is wise to thoroughly check the spelling of the name.
Use of False Language: Any trademark name or logo that is misleading in nature or that uses a phrase that misrepresents the nature of the product must be rejected.
Derogatory Terms: A trademark must not employ any derogatory language since doing so might result in its rejection.
Insufficient Product or Service Information: In short, the trademark examiner may reject the application if it omitted crucial material from the trademark application.
The same logo is already in use: The examiner must object if the proposed trademark is the same as or nearly identical to an already registered logo and explain how this could lead to confusion.
How to Reply Trademark Objection?
Following the submission of the objection, the applicant receives notification outlining the reason for the objection. The applicant must next take the following actions after receiving the objection:
Notice of Trademark Opposition: After receiving the objection, the applicant must carefully examine and consider it in order to remove any potential ambiguity.
Response to Remark: Following receipt of the objection, the applicant must provide a response to the objection made. A proper response must be developed with regulations and papers to support it, such as:
A declaration of trademark usage in an affidavit
Publicity in the media
Online evidence of trademark availability
This response must be filed electronically using the Trademark e-filing system with the necessary supporting documentation.
Hearing: After receiving an objection reply, the authority will decide whether to accept or reject it. If the authority approves the response, it will move through with the registration process and publish a notice about it in the trademark journal. The examiner must schedule the trademark hearing and must give notice of the hearing if it is not approved or if permission is required for further clarification.
Trademark Journal: If a trademark is recognized and awarded following the hearing, it must be published in the Trademark Journal. However, if the trademark is refused during the hearing, the authority must issue a refusal order and briefly explain the reason.
Review Request: After receiving a refusal order, the applicant has 30 days to file a review petition, in which they must state the grounds for the order’s need to be reviewed.
Registration: Four months must pass after the trademark is published in the journal before an objection may be filed. If no resistance is received within the allotted time, the registration process will continue, and a registration certificate including the registered logo and the class in which it is registered will be issued.
What Should You Do If the Trademark Registration Application’s Online Status Reads “Objected"?
1. Make contact with a trademark consulting firm: Obtain the examination report, and carefully read it. React to the report and explain why the objections are unjustified. Within 30 days of receiving the objections, respond appropriately; otherwise, the application will be deemed abandoned. It is essential to submit the response quickly and within the allotted time frame. Put your response in a clear, concise manner. Create a mark that is distinctive enough to qualify for trademark registration by making it powerful and precise enough to do so.
2. Exists a similar or identical trademark: If prior trademarks with the same or comparable descriptions of products or services are discovered on documents belonging to a different trademark owner, the following objection is raised: According to Section 11(1) of the Trade Marks Act 1999, “The trademark applied for registration is not registrable because identical or similar marks in respect of identical or similar description of goods or services are there on records and because of such identity or similarity of marks and goods or services there exists a likelihood of confusion on the part of the public."
3. Trademark Is Lacking Unique Character: Trademarks without unique character are subject to opposition under the absolute grounds for rejection of trademarks because they cannot differentiate between the goods or services of one person from those of another. The trademark applicant can provide evidence to demonstrate that the mark has developed a unique character as a result of its earlier usage in order to override a trademark objection under absolute grounds for denial.
Why Choose Lex N Tax Associates as Your Right Partner for Your Trademark Objection Services in Delhi ?
We provide complete solutions for trade mark objections at Lex N Tax Associates. We provide the following services:
Beginning of information gathering and procedure.
Getting the application ready.
Making the required adjustments to the draught.
Application submission.
Trademark opposition is one of the many services that Lex N Tax Associates provides.
To have trademark objections under section 11 taken out of your application, please get in touch with us.
We also help you save on your trademark objection fees.