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.