Trademark Objection As we all know that a trademark is any mark that creates a separate or distinct image for any product or services being provided or rendered by the owner. It makes you different from those of others providing similar goods or services. If you have applied for a trademark registration then it is important for you to understand what is trademark objection, as most of the consultants will never be told you about this. Let’s understand.
WHAT IS TRADEMARK OBJECTION
Trademark registration is nothing but an objection being raised by the trademark registrar in the initial stages of the trademark registration, where the applicant being told to provide reasons as to why the trademark should be registered. The objection can only be raised under Section 9 and Section 11 of the Trademark Act, It is not a direct rejection but in this, the registrar raised an objection for seeking some clarification from the applicant about the distinctness of the trademark. Here an opportunity is being provided to the applicant before refusal of the trademark. It is issued when any trademark has been claimed by the applicant and the registrar of the trademark is of the view that it is either similar or identical to the other marks already in the records of the Trademark Registry. In this regard, a suitable response to the examination report is to be filed in order to get the application for the trademark approved. The response to the trademark objection is to be filed within a period of 30 days from the date of the issue of the examination report.
CHECKING STATUS OF TRADEMARK OBJECTION
It is always advisable to check the status of the trademark application once filed with the trademark registry. To check the status one should have the application no. in hand. You can see the status by visiting the trademark web portal www.ipindia.nic.in. Here if you find that the application has been “Mark for Exim” then you will see the examination report which should have been issued by the trademark registrar. If the examination report is being issued it is always advisable not to wait for the last day and file a response to the examination report immediately.
WHAT ARE THE CASES WHERE THE REGISTRAR CAN ISSUE A TRADEMARK OBJECTION
It is to be noted that the trademark objection can be issued in the following cases, it is just an indicative list there may also be other cases:
- If the application is being filed with the incorrect information
Trademark registrar can issue an examination report if he finds that the application is not in order or there is an discrepancies in the application for trademark being filed by the applicant.
- Usage of Terms which is Deceptive or Offensive:
An examination report stating the trademark objection can be issued in a case where the application for trademark applied includes any deceptive terms meaning by which try to mislead the ordinary person.
- Falls or incomplete information regarding goods or services
While filing trademark application the applicant must provide/mention the correct information about the goods or services. If he didn’t mention its goods or service correctly then there will be high chances for issuance of examination report.
- Trademark already on records
It is always advisable to get the trademark search report from a professional, as lakhs of trademark applications are filed with the trademark registry everyday and there may be chances that your trademark which you deem to be distinct is already available on record. This should be the first step before filing of trademark application that a research over the trademark portal should be done, in order to see whether there is any trademark similar to your mark is being filed by anyone else or not. If you applied for a trademark without doing any research there will be more likely chances of issuance of trademark objections which unnecessarily delay the trademark registration process.
FILING OF GOOD TRADEMARK RESPONSE
Now if the objections have been raised by the trademark registrar, what should you do? This is the important question, you can file a response to the examination report by yourself or through a professional however it is always advisable to file it through some sound professional because everything will be depending upon the response which he will file. Here is how you should file the trademark response:
- Reading of trademark objection in deeply
Once should deeply study and understand the objections being raised by the examiner before proceeding to the drafting the response, keeping the provision of the Trademark Act and rules in mind as filing of any response without deep understanding can lead to rejection of the trademark.
- Understanding the drafting of response to the examination report:
The second step after carefully reading of objection is to draft a response to the examination report. A good response should include following parameters:
- To the point answer to the objection raised alongwith the relevant law and or judgement already pronounced by the court
- Mentioning other important point on how you trademark is registrable and is distinct from those of others
- Any other document/evidence that proves your claim.
- The response can be filed through online as well as offline mode there is no statutory fees for filing of response to the examination report.
- Documents required to be filed in response to the Trademark Registrar
- Authorization letter in favour of Agent or attorney
- Copy of Examination report
- Proof in support of response to the examination report
- Any other proof which you think that should be submitted and important
If your response to the examination report is accepted by the registrar then the process for publication and registration shall be initiated and in case other the response is not accepted by the registrar then you will be asked to attend a personal hearing. Then you have to satisfy him that your mark is different from that of other and if he satisfies he will approve the trademark and if is not satisfied with the replied he will reject the application.
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