Trademark Objection
Start from Rs. 2500/-
After examination of trademark application, the registrar will decide whether the appliance is often accepted or not. If nor accepted, the registrar will mark the appliance as objected with specific reasons. The examination reports are going to be communicated to applicant or trademark agent for submitting a reply to examination report or registrar.
Overview
After examination of trademark application, the registrar will decide whether the appliance is often accepted or not. If nor accepted, the registrar will mark the appliance as objected with specific reasons. The examination reports are going to be communicated to applicant or trademark agent for submitting a reply to examination report or registrar.
Trademark Registration Process : Examination / Objection
The following are the various stages of Trademark Registration process in India.
- Stage 1: Trademark Application Filing
- Stage 2: Scrutiny of Application , Formality Check or Vienna Codification
- Stage 3: Trademark Examination / Objection / Hearing
- Stage 4: Publication within the Trademark Journal / Opposition / Hearing
- Stage 5: Registration of Trademark.
Trademark Objection
Trademark Objection is that the second stage of Trademark Registration Process. All the Trademark applications are going to be examined by the Registrar of Trademarks.
Trademark Examination Report
After examination of the appliance , the registry makes an examination report of application and can decide whether the appliance are often accepted or not. if Trademark application get accepted, the registry moved application forward to advertise the Brand in trademark journal. just in case if the examination report contains any observations, an equivalent are going to be communicated to the applicant or trademark agent for submitting a reply to the examination report.
Trademark examination report shall contain the rationale for objection. The applicant or trademark agent are required to file his trademark objection reply in 30 days from the date of examination report. Generally, this examination report are going to be communicated to the trademark agent for action.
Thereafter, the applicant are going to be directed to file a reply to the objection within 30 days of the examination report. If the reply to the examination report found satisfactory, the Registrar shall proceed to simply accept the appliance and can advertise an equivalent on Trademark Journal.
Reasons for Objections
The following are the main reasons marking the appliance as objected by the Registrar if Trademark:
# If the trademark doesn’t have distinctive character or unable of distinguishing the products or services.
# If the trademark applied for registration is analogous to the marks already registered/applied.
Reasons for Objections - Explained
The grounds of refusal of TM application are often divided into two parts:
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Absolute grounds of refusal :
Section 9 (1) to section (3) of Trade Marks Act, 1999
Section 9(1) prohibits the registration of these trademarks:
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which are barren of any distinctive character, that’s to mention , unable of distinguishing the products or services of 1 person from those of another person;
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which consist exclusively of marks or indications which can serve in trade to designate the type , quality, quantity, intended purpose, values, geographical origin or the time of production of the products or rendering of the service or other characteristics of the products or services; or
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which consist exclusively of brand marks or indications which became customary with in current language or within bona fide and established practice of trade.
Section 9 (2) states that mark shall not be registered as a trademark if in case
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it’s of such nature on deceive the general public or cause confusion;
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Mark contains or comprises of any matter likely to harm the religious susceptibilities of any class or section of the citizens of India;
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Brand comprises or contains scandalous or obscene matter;
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Mark use is prohibited under the Emblems and Brand Names (Prevention of Improper Use) Act, 1950.
Section 9(3) A mark shall not be registered as a trademark if it consists exclusively of
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the form of products which ends up from the character of the products themselves; or
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the form of products which is important to get a technical result; or
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the form which provides substantial value to the products . Explanation.— For the needs of this section, the character of products or services in reference to which the trademark is employed or proposed to be used shall not be a ground for refusal of registration.
B. Relative grounds of refusal :
Section 11 of Trade Marks Act, 1999 lists the relative grounds for refusal of registration.
Section 11 of the Act stipulates that where there exists a likelihood of confusion on the a part of the general public due to the identity with an earlier trademark or similarity of products or services, the trademark shall not be registered.
In other words, where there’s similar trademark exist within the Trademark register the trademark shall not be registered.
The term “earlier trade mark” means a registered trademark or an application which features a date of application before the trademark in question.
Timelines for Filing Reply to Examination Report
The reply to Examination Report has got to filed within 30 days of the examination report with supporting documents. Also, the reply to the trademark examination report should be drafted with legal expertise referring decided cases on similar matters and judgements by Tribunals / Courts / International references.
Extension of your time To File Objection Reply:
In case the reply isn’t filed within 30 days of the report, the appliance are going to be declared as abandoned. The applicant can request the registrar to increase the deadline of 30 days by applying TM-M electronically through the trademark agent with a legitimate reason for the delay in filing the reply.
If the reply to the examination report is to be filed through a special trademark agent, a fresh Power of Attorney is additionally required.. Once the filing is completed then got to draft objection reply for an equivalent .
