Trademark registration is a kind of protection form infringement under Intellectual Property Rights under which a name or logo is registered on a particular title so that no other entity copy and use it. Trademark objection does not mean that the trademark is rejected; it is the initial stage of the trademark registration process where the examining authorities object a trademark for specific reasons. An applicant can respond to trademark objection and can enhance the chance of registering the trademark.
What is Trademark Objection?
When a trademark is applied for registration, there is a stage where the examiner of the trademark or general public or any other third party can raise certain objections on the trademark. The trademark objection does not mean that your trademark is rejected; it implies that the examiner of trademark needs more clarification or explanations about the trademark and its legality.
Trademark is a right recognized to protect Intellectual property. Under the Trademark Act 1999, a person has the right to protect, register, and object a trademark. A person cannot use an already registered trademark as per the provisions of the act.
Below mentioned are the ways of trademark objection by a third party or the public:
When the published trademark is trademark journal
If the applicant is using the trademark before registering it.
After receiving the objection, the applicant has to file a reply in respect of the trademark objection within the prescribed time.
Trademark Registration Process
Any other entity cannot use a registered trademark without the authority as per the Trademark Act.
Reasons for Trademark Objection
The trademark examiner inspects the application of trademark registration for its correctness. Examiner or other entities can raise objection for the following reasons:
Incorrect Form
If the applicant has filed for trademark registration in the wrong form, then the examiner can put up trademark objections.
Incorrect Applicant Name
Examiner has to make sure that the applicant's name is correct in the application and is the same as provided in the PAN Card. It is the responsibility of the applicant to cross-check the details provided. If the details are incorrect or in case, differ from the details mentioned in the PAN Card, the examiner can put up a trademark objection.
Use of Misleading Words
If the selected trademark or logo has some words or signs that can be misleading about the company or any product or it is offensive in nature, the examiner can object to the trademark.
Insufficient information about the Goods and Services
If the applicants fail to mention necessary information about the goods and services, the trademark examiner may put trademark objection on such grounds.
Identical Logo or Already Registered Trademark
If the logo or trademark selected by the applicant is similar to an already registered trademark or they create confusion in the minds of customers, then the examiner can object to the trademark.
Respond to a Trademark Objection
After the objection is filed, the applicant will receive a notice regarding the reasons for trademark objection. After receiving the notice, the applicant has to follow the below-mentioned steps:
Receipt of Trademark Objection
After receiving the notice of objection, the applicant must analyze and do a thorough study on the reason mentioned for opposition to provide a reasonable explanation for the purpose of objection.
Objection Reply
After doing a thorough study about objection reasons, the applicant needs to file a reply concerning the trademark objection raised. The reply of objection must be filed within two months from the date notice of objection was received. In case if the applicant fails to file a reply to the objection within the prescribed time period, the status of the registration application will be changed to abandoned from the object. The applicant has to keep in mind that the reply should contain a proper explanation, and the rules of drafting a reply are mentioned below:
o Affidavit indicating the use of the trademark.
o Media Advertisement.
o Proof that the trademark is available online.
The supporting documents must be filed on the Trademark e-filing portal online.
Hearing
After the trademark authority has received the objection reply, they will inspect the response and provided details and either approve or reject. If the authorities are not satisfied with the explanation or need some more clarification from the applicant, they will schedule another hearing, or they reject the trademark registration application, an applicant has to file for a new trademark.
If the authorities are satisfied by the applicants to reply, they will lift trademark objection and will proceed with the further remaining trademark registration process.
Trademark Journal
After the trademark authorities are satisfied by the applicant's reply and have accepted the trademark, it shall be published in the trademark journal. And in case if the trademark is rejected, the same shall be mentioned with the reason for rejection.
Review Petition
The applicant has the right to file a review petition to refuse a trademark to the Intellectual Property Appellate Board (IPAB). The time period provided for filing a review petition is 30 days from the refusal. The review petition must include reasons on which grounds the order passed by the authorities must be reviewed and the prescribed fees to the Intellectual Property Appellate Board.
Registration
After the trademark's approval, it will be published in the journal of trademark and will remain open for four months for any other parties for objection. If there is no trademark objection raised by any other party during the prescribed time, the trademark will proceed with the further registration process. After that, the trademark registration certificate will be issued, containing the registered trademark and the class in which it is registered.
Conclusion
Trademark objection does not mean that the trademark is rejected; in fact, it the initial stage of the trademark registration process where the examining authorities object a trademark for certain reasons. Trademark is a right recognized to protect Intellectual property. Under the Trademark Act 1999, a person has the right to protect, register, and object a trademark.