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Trademark Objection

A trademark is a logo, symbol, tagline, or a combination of these that represents a brand’s identity. Oftentimes, during the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.

When a third party objects to the registration of a trademark, it is called Trademark Objection. In this case, the applicant is given legal notice about the objection and the reasons for it.

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Checklist For A Trademark Objection

The Trademark Examiner scrutinizes the trademark application to make sure the application isn’t in conflict with any trademark rules. A trademark application can face objection for any of the following reasons:

Filing Of Incorrect Trademark Form
  • If the application is not filed using the correct form an objection would be raised by the examiner
Incorrect Trademark Applicant Name
  • Trademark has to be filed on the true name of the applicant and double-checked for the right spellings.
  • For example, it is Form TM-4 for registration of collective marks for goods and services in any one class. Form TM-51 for registration of a trademark under different classes of goods and services.
    • Filing Of Incorrect Trademark Form
    • The intended trademark must not be similar to any mark that already exists in the industry. The Trademark Examiner can raise objections under the Trademarks Act stating that it might create confusion among the masses.

    How To File A Trademark Objection Response

    The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response.
    • • A proper answer to the objection raised with supporting rule of law and precedents and judgments supporting the case
    • If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal.
    • If the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal.