Top 6 Reasons for Trademark Objection
Trademark Objection is one of the first phases in the trademark registration process. Trademark objection does not mean that trademark application has been rejection; rather, the trademark registrar seeks a legitimate justification or may explanation for the mark and to get registered registration. The applicant is given the chance to explain how the trademark meets the conditions for legal registration.
In the event of a trademark objection, a complete reply must be filed within one month of the day the objection was issued.
Trademark objections can be raised for a variety of reasons, including resemblance to an existing trademark, offensive trademarks, a lack of distinctiveness, and so on.
During the trademark registration procedure, the registrar frequently raises objections to the applied trademark if it violates the trademark registration norms and laws.
Trademark registration gives the brand an identity and distinguishes it from other available services or goods on the market. Protecting a trademark is critical if a company wants to keep its distinct character. However, there are specific circumstances in which you may be prevented from asserting your entitlement. As a result, we must comprehend the notion of trademark Objection.
The Most Common Reasons for Trademark Objection
Here are some of the most common reasons why a trademark may be challenged:
Trademark applications can be challenged on many grounds. The following are some reasons why an examiner may oppose to a trademark registration:
There are two types of denial reasons for trademark registration:
- Absolute grounds for denial – relates to a mark’s inability to be unique or graphically conveyed.
- Relative grounds of denial – are always connected to prior trademarks and their associated rights.
• Deceptive Signs
Any trademark is liable to produce confusion among consumers due to anything inherent in the mark or its usage, such as the nature, quality, or geographical origin of the goods and services.
A misleading trademark objection can be resolved by submitting Form TM-16.
Lacks Distinctive Character Trademarks that are incapable of distinguishing one person’s products and services from those of another are devoid of uniqueness and hence can be objected to under absolute grounds for trademark denial.
• Existence of a comparable trademark
An objection might be brought if there are similar or identical trademarks of various trademark owners on records for the same or comparable description of products or services.
• False or ambiguous product specifications
Assume the specification of goods or services is too broad or includes a wide range of products or services. In that situation, the trademark registrar may file an objection as follows: “The specification of goods/services mentioned in respect of class xx is very vague and broad.” By submitting a request on form TM-16, you must identify specific objects for which the trademark is sought to be registered.”
• On the Trademark Application, the address is incorrect.
If the trademark applicant has not appropriately specified the primary place of business or the address for service in India. An objection may be lodged as follows:
“The applicant’s primary place of operation should be placed on record by filing a request on form TM-16” or “The application’s address for service in India should be put on record by filing a petition on form TM-16, since the applicant has no main place of company in India.”
• The applicant’s name is incorrect.
The applicant must appropriately put his or her name in the application. In the event that the trademark application contains an improper name, the examiner will object as follows:
• Incorrect trademark spelling
If the trademark application is not submitted on the right form, the examiner will issue the following objection:
“The rectification application is made on Form TM-1, for mark registration in regard to goods or services coming within a specific trademark class, and the format of the application should be corrected as TM-M by submitting a request on Application TM-16.”
Also Read: How to Respond Trademark Objection
Report on Trademark Examination
• An examination report is issued to the trademark applicant once the trademark registration application is submitted and inspected by the trademark officer. It is also published on the trademark office’s website, along with information on the trademark application.
• If the trademark examiner objects, the applicant or authorised agent has the opportunity to respond to the trademark examination report with a rebuttal.
• The response is then taken into account, and if the objection can be waived based on the applicant’s response, the trademark application is allowed for registration. The magazine publishes the trademark.
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