Registration of a trademark is a form of intellectual property protection against theft of brand name. A trademark is a design or a logo which distinguishes your goods or services from those offered by your competitors. The trademark registration is done with the help of an application in a prescribed format. When the application is filed the trademark authority scrutinizes it and issues a trademark examination report. Trademark registration status can easily be verified online.
How To File Trademark Objection
In cases where the trademark registrar objected to the registration of a trademark, the applicant has an opportunity to provide a written response to the opposition of his application. The response to the trademark examination report must include the reasons along with supporting facts and evidence that demonstrate why the trademark must be registered in favour of the applicant and be helped by additional evidence if required. If the trademark examiner considers that the response is sufficient and addresses any concerns expressed in the trademark examination report, the application may be published in the trademark journal before registration.
Sometimes, the trademark examiner may object regarding the registration of a trademark for various reasons. This may be because the trademark you have chosen is similar to an existing one or because it hurts the sentiments of a community or is deemed obscene.
In section 9 and 11 of The Trademark Act of 1999, there is given the absolute and relative grounds for refusing to register a trademark. Besides, the examiner will verify if the application is presented in the appropriate form and decide whether restrictions or conditions are to be imposed on the trademark.
Why Raise A TM Objection?
It is in the applicant’s interest to submit the application in accordance with all registration requirements. Some errors may bring forth the need to respond to a trademark examination report. In this case, the examiner collects the objections in the trademark examination report, and that is uploaded to the trademark registration website. The applicant for a trademark or his representative, usually a lawyer, must provide a response to the objections raised in the trademark examination report.
There is a significant possibility that if one responds with clear facts, then the objection to the trademark may be removed. If you provide clear evidence of the distinctive character of your trademark, it is very likely that your claim will be allowed. Therefore, there is no reason why your application should be abandoned only on the basis of trademark opposition. The registrar may just need clarification.
Usually, any reply to an examination report must be answered within 30 days after the date of the report. However, the response time to the report is also indicated at the end of the report.
Types Of Trademark Objection
The trademark registrar can raise objection only under two sections either under section 9 or section 11 or both according to his examination along with some useful tips to respond to a trademark examination report in the case there has been an objection by a trademark examiner and these are:
- If the applied trademark is similar or identical with any existing trademark irrespective of its status i.e. it is registered or under process, it is always better to check the availability of your trademark before making the application of its registration. However, the applicant can file a proper statement along with the evidence for proving the dissimilarity or the applicant can take the no-objection certificate from the registered user of the trademark. It is always beneficial if you are attaching any evidence along with the reply which may distinguish between your applied trademark and the existing trademark.
- The second reason for raising an objection is that your trademark or logo is hurting the sentiments of any class of people or citizen of India. So, always be careful while choosing your brand name or logo before filing its registration application. It should not contain any word or symbol or any mark which gives any wrong message or impression towards the society or nation.
- If the applicant files any wrong information or any sort of details in the application for example if the applicant makes any incorrect classification of a class of trademark, the registrar can object the trademark and instruct to change the class the of trademark, then you have to make a separate application for rectifying the mistakes.
- The registrar can raise an objection on the lack of documents or evidence i.e. if an application is filed without attaching power of attorney or if the documents are not digitally signed the registrar never accepts any application in which the documents are incomplete. If any such situation arises then submit the documents by making the required rectification in the application but it is always better to attach the complete documents at the time of filing an application.
- If the application doesn’t contain the proper description of goods or services provided by the applicant. If there is any confliction in the classification and the trademark then it would not be acceptable by the registrar of the trademark. Always provide a clear and proper description of the business activity.
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