What is a Trademark Objection, and How to respond to it?

When the status of a trademark is shown 'objected' on the official Trademark Registry website, this states that the trademark examiner or any other entity has raised objection over the trademark. Trademark objection has to be handled carefully and considered the most vital stage of the trademark registration process and it is considered as the most vital stage of the process of trademark registration.

Trademark objection is included in the procedure of trademark registration. The trademark objection will raise the objection on the base of the findings during the examination process on certain goods and products. The objection's reply should be convincing and must properly answer the raised queries, or else, it can get trademark application rejected. The trademark should not be identical or similar to any other organization's mark; the trademark must be unique in every possible way.

Trademark registration provides rights and protection to the protected intellectual property in India. The Indian Trademark Act of 1999 covers rights such as legal protection from infringement, registration, a nd objecting to a trademark by government authority.

Trademark Registration Process

Any other entity or individual cannot use a registered trademark without the consent of the registered entity; thus, trademark registration protects intellectual property from infringement or any other violation.

How to respond to Trademark Objection?

After the objection is filed against the proposed trademark, the applicant will be served a notice stating the objection's reasons. After reading the notice carefully, the applicant has to pursue the following steps for filing a response against the objection notice:

·         Receipt of Trademark Objection

Once the objection notice is received regarding the trademark, the applicant has to thoroughly analyze the objection notice and leave no room for doubt as the trademark objection is considered the most vital stage of the trademark registration process.

·         Reply to the Objection

After analyzing the reasons of objections thoroughly, the applicant has to file a counter-statement against the raised objections. The applicant has to ensure that the counter-statement contains proper answer with supporting documents and law rules such as:

1.          Advertisement in the media
2.          A proof supporting that the trademark is available on the internet
3.          An Affidavit mentioning the use of the trademark

The applicant has to submit the supporting documents and reply to the official online portal of trademark e-filing.

·         Hearing

After the concerned authorities have received the objection's reply, they will examine the response and submitted documents and information. After the examination of the counter statement and provided documents are completed by the authorities, the application may be accepted or rejected. If the authorities accept the counter-statement, they will lift the objection over the trademark and proceed with the remaining trademark registration procedure. But if the authorities reject the counter-statement, they may ask for more clarifications or need an explanation from the applicant, for that, authorities will schedule another hearing. In case if the authorities do not ask for any clarification or explanation, the applicant has to file a new application for registering a trademark.

·         Trademark Journal

Once the trademark authorities are satisfied by the applicant's counter statement and have accepted the trademark, the anticipated trademark will be published in the journal of trademarks. In case the proposed trademark is rejected, the same will be mentioned in the journal of trademarks with the reason for rejection.

·         Review Petition

The applicant entity can file a petition for review within 30 days from receiving the rejection order to Intellectual Property Appellate Board (IPAB). Under the review petition, the applicant has to mention the grounds on which the trademark authorities issue the order of rejection. The review petition must be submitted by paying the prescribed fee to Intellectual Property Appellate Board (IPAB).

·         Registration

Once the trademark is approved, the proposed trademark will be published in the trademark journal and will remain open for four months for any other individuals or organizations to raise objections. Suppose there are no objections raised on the trademark by any entity during the time of 4 months. In that case, the trademark authorities will issue the trademark registration certificate, which will contain the registered trademark and the class in which it is registered.

Conclusion

Trademark objection has to be handled carefully and considered the most vital stage of the trademark registration process and it is considered as the most vital stage of the process of trademark registration. Trademark objection is included in the procedure of trademark registration. The trademark objection will raise the objection on the base of the findings during the examination process on certain goods and products.