What are the Reasons for Trademark Objections in India?
When the standing of a trademark is shown 'objected' on the official
Trademark Registry website, this denotes that the examiner of the trademark or
any other body has raised a trademark objection. Trademark objection should
be taken care of cautiously and it is also considered the most crucial stage of
the trademark registration course.
What are the main Reasons for which Trademark Objections can be raised?
Upon receiving an application for the trademark registration, the examiner of the trademarks analyses the application for any inaccuracies. The objection over a trademark can be raised for the below stated reasons:1.
Incorrect Applicant Name
The examiner will make certain that the applicant's name is accurate by double-checking it, but in case the name in the application form is not the same name as on the submitted PAN card, then the examiner of the trademark can raise an objection over trademark registration. It is the accountability of the applicant to certify that the details are filled properly to circumvent any objection from the examiner of the trademark.
2.
Use of Misleading Words
Presume the proposed trademark has various logos or
words that are or can be misleading or illusory in nature and give bogus
descriptions of the products or the entity. In that case, it will be objected
by the examiner.
3.
Offensive Terms
If the proposed mark has several abusive or odious
words or symbols, the examiner will reject the application form.
4.
Insufficient Information on Goods and Services
If the registration application form has insufficient
information regarding the goods or services or both, the examiner can raise an objection
based on such grounds.
5.
Identical Logo Already Registered
Suppose the applicant entity’s opted mark is similar
or alike to any other already registered mark. In that case, the examiner will
raise an objection based on the grounds that they can form confusion in the
mind of the purchaser.
6.
Trademark lacks distinctive
character
The proposed
Trademark must tell apart the goods or services of one organization from those
of the others. In case it is alike with other organizations then the
registration application status will stand objected. Hence, the proposed Trademark
lacks distinctive character.
7.
Vague specifications of Goods and
Services
While filing trademark
registration application, one needs to provide detailed information. However,
in the case entity’s have described the goods or services casually, which have
a vast variety of the same, and then the Trademark examiner will object the
trademark.
To succeed over this objection, the applicant entity has to file form TM-16
and apply for a change in the original form.
8.
User Affidavit not Attached
A User Affidavit is an indispensable document that a trademark applicant
trying to obtain registration must submit to the Registry of Trademark. The affidavit
facilitates applicant entities to claim any preceding date of the usage of the
Trademark.
In case the applicant is using the Trademark prior to filing a
registration, then it must furnish it.
Nonetheless, if the applicant entity fails to submit it, then the
registry of trademark will raise an Objection over the Trademark as it is a
mandatory article for claiming the date of prior use.
9.
Failure in filing
Trademark Form TM-48
If the Trademark Attorney or Agent files the
trademark registration application on behalf of the applicant, then the
applicant must attach the form TM-48. In the case, the applicant fails to
attach the form TM-48, or if it is mistakenly excluded, then the trademark examiner
may raise trademark objection.
Thus, if the applicant wants to come over the
objection, then it needs to file form TM-16.
10. Filing Trademark
under the Wrong Trademark Class
One of the most noteworthy things to consider while
filing for trademark registration is to opt for the right trademark class. Even
if the applicant has selected the wrong class of trademark, then the application
will stand rejected.
Consequently,
applicant must validate that the trademark class slelcted is accurate. If the
applicant entity is applying for a Trademark for services, then the applicant
has to select the service class, i.e., from 35-45. Though, if an entity is
applying for trademark class for goods, then the applicant has to select from
trademark class 1-34.
Conclusion
Trademark registration provides
rights and protection to the protected intellectual property. Trademark
objection should be taken care of cautiously and it is also considered the most
crucial stage of the trademark registration course. Trademark objection is an imminent part of the
trademark registration procedure. The reply to the objection has to be
convincing and must suitably answer the queries raised, or else, it can reason
for the denial of trademark registration application.
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