What is Trademark Objection Overview

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.

Trademark is one of the rights granted to protect intellectual property in India. Rights covered under Trademark Act 1999 include protection, registration, and objection of a trademark with government authority.

Documents Required For Trademark Objection

1. Authorization letter
2. Affidavit of usage
3. Examination report
4. Trademark hearing notice
5. Documentary proof of Trademark in commercial use
6. The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date

Checklist /Minimum requirement for 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. 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.

Incorrect Trademark Applicant Name

Trademark has to be filed on the true name of the applicant and double-checked for the right spellings.

Usage of Deceptive and Offensive Terms:

Trademark names that include deceptive terms or that which try to deceive or mislead customers with false descriptions of products or services will be rejected. For instance, an entity branded “Vanilla chocolates” that sells chocolate flavours may be deemed deceptive. At the same time, applications registering for trademarks containing offensive terms will be rejected.

Insufficient Information on Goods/Services:

When the trademark application fails to mention in brief the products and services of the business, it is highly likely that the Trademark Examiner may reject the application due to the vague information.

Existence of an Identical Mark:

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.