TRADEMARK OBJECTION

It is a procedural part of trademark registration. After submitting the trademark application, the registrar looks into the application and examine every detail mentioned in the form as well as looks into the applied mark or logo. After checking all the details of the application, the registrar may either approve the trademark or refuse the request. However, before rejecting the registration of a mark, the registrar gives an opportunity to provide the clarification that why the registrar should accept the application. However, the registrar cannot reject the application unnecessarily he shall give the proper reason for such rejection.

A registered trademark also provides benefits at the time of company registration as it enhances the chance to get the name approval. A secure brand name plays an important role in any business organization whether it is a small business like proprietor or any big enterprise like LLP or section-8 company. So it is always better to complete the procedure of a brand name and try to get the certificate from the examiner.

However, why the registrar object for registering the mark? It is a big question which comes in every mind. So the answer is, there are specific grounds for rejection and under the Trademark Act, 1999 the ground for refusal covered under section 9 and 11.

GROUNDS OF REFUSAL OF TRADEMARK 

•  The applied mark neither distinctive nor capable of distinguishing or not satisfying the requirements of the act;
• The essential part of the applied mark is that word which is ordinary in use and the applicant is not entitled to acquire the exclusive right for registration;
• The said trademark is of such a nature which deceive the public or may cause the confusion;
• The applied mark contains such word or any matter which likely to hurt the religious sentiments of any class or section of the citizen of India;
• The applied mark includes or comprises any scandalous or obscene matter;
• The said mark is identical or similar to the registered trademark;
• The information provided in the application is unfair and false;
• The said mark contains any prohibited word or mark or symbol;
• The applicant is not entitled to apply for registration under section 12 of the Trademark Act, 1999;
• The applied mark contains the word which becomes customary in the current language and used in the market;
• The applied mark includes any nation emblem or national mark which are prohibited under State of Emblem of India (Prohibition of Improper Use) Act, 2005;
• Other grounds as mentioned under sections as discussed above.

The applicant gets the opportunity to file his reply after getting objected by the registrar. The applicant needs to file his response within 30 days from the date of objection.  If the applicants fail to do so, then the applied mark gets abandoned. So it is essential to file the reply to the examination report issued by the registrar. If the registrar is satisfied with the answer of the applicant, then he may accept the application and publish it in the journal and if he is not then the matter will be decided at the hearing.

So it is advisable to the applicant that he must take the professional consent and guidance before filing the reply to the examination report as they have proper knowledge and experience regarding this.