When the trademark's status is shown 'objected' on the Indian Trademark Registry website, this means that the examiner of the trademark or any other entity has raised trademark objection. Trademark objection should be handled carefully and considered the most vital stage of the trademark registration process.
What are the Reasons for Trademark Objections?
Upon receiving the application for the trademark registration application, the trademarks examiner scrutinizes the registration application for any errors. The objection on the trademark can be raised for the following reasons:
1. Incorrect Applicant Name
The examiner will ensure that the applicant's name is correct by double-checking it, but if the name in the application is not the same as the name on the submitted PAN card, then the examiner can raise objection on the trademark registration. It is the responsibility of the applicant to ensure that the details are filled in correctly to avoid any objection from the examiner.
2. Use of Misleading Words
Suppose the proposed trademark has some logos or words that can be misleading or deceptive in nature and give false descriptions of the goods or products. In that case, it will be objected to by the examiner of trademarks.
3. Offensive Terms
If the proposed trademark has some abusive or offensive words or signs, the examiner will reject the registration application.
4. Insufficient Information on Goods and Services
If the trademark registration application lacks necessary information regarding the goods and services, the examiner can raise objection on such grounds or reject the registration application.
5. Identical Logo Already Registered
Suppose the applicant's opted trademark is similar or identical to any other already registered trademark. In that case, the examiner will raise objection on the basis that they can create confusion in the mind of the customer.
6. Trademark lacks distinctive character
The anticipated Trademark must distinguish the goods or services of one entity from those of the others. In case it similar to another entity’s, then the registration application will stand objected. Hence, the Trademark lacks distinctive character.
In order to correct this objection under absolute grounds for rejection, the applicant entity has to submit evidence in relation to the mark that it consists of a distinctive character by high merit of its proper use.
7. Vague specifications of Goods and Services
While filing a trademark application, one needs to be very detailed. However, in the case entity’s have specified the goods or services casually, which contains a vast variety of the same, and then the Trademark examiner will elevate the objection against the same.
To prevail over this objection, the applicant has to file TM-16 and apply for a change in the original form.
8. User Affidavit not Attached
A User Affidavit is an essential document that a trademark applicant must submit to the Registry of Trademark. The affidavit helps applicant entities to claim any preceding date of the usage to their Trademark.
If the applicant entity is using the Trademark prior to filing a registration application, then it must furnish it.
Nevertheless, if the applicant entity doesn’t submit it, then the registry of the trademark will raise an Objection on the Trademark as it is a mandatory document for claiming the date of prior use.
9. Failure in filing Trademark Form TM-48
If the Trademark Agent or Trademark Attorney files the trademark application on behalf of the applicant entity, then the applicant entity should attach the form TM-48. In the case, the registry of a trademark doesn’t find form TM-48 attached, or if it is inaccurately executed, then the trademark examiner could raise the trademark objection.
Therefore, if the applicant entity wants to rectify the objection, the needs to file form TM-16.
10. Trademark filing under the Wrong Trademark Class
One of the most significant things to consider while filing a trademark registration application is to select the right trademark class. Though, if the applicant entity has chosen the wrong trademark class, then the application will be rejected. Additionally, the status of the trademark class will stand as ‘Objected.’
Consequently, the applicant must verify that the trademark class chosen is correct. If the applicant is applying for a Trademark for services, then the applicant must choose the service class, i.e., from 35 to 45. Though, if an entity wants a trademark class for goods, then the applicant must choose from trademark class 1 to 34.
Conclusion
Trademark registration offers rights and protection to the protected intellectual property in India. Trademark Objection should be handled carefully, and it is considered the most vital stage of the trademark registration process. Trademark objection is included in the trademark registration application procedure. Objection on trademark must be handled carefully. The objection's reply must be convincing and must properly answer the queries raised, or else, it can lead to the denial of trademark application.
Comments