What is Trademark Objection?
Once you file a trademark application it is checked by an appointed trademark examiner for similarity and resemblance with existing marks, it is also checked whether your mark has the “acquired distinctiveness” or not.
During this process, if the examiner finds your mark to be similar or identical to any registered mark, he will generate a report ‘objecting’ to your application for obtaining the trademark. When your application is objected, you need to file a reply to this objection within a month of the examination report. This reply is your chance to present your case to clear any doubts in the mind of the examiner and establish the reasons for approval of your application.
While filing a reply takes your application process one step further, failure to file it within a month results in your application being treated as abandoned.
What are the usual Trademark Objections raised by the Examiner?
- Objections relating to formal requirements.
- Objections relating to mistake with the classification of a mark
- Applications are objected when the goods and services are mentioned under incorrect trademark class.
- Objections can be raised on the absolute ground of refusal i.e., Section 9 of the Act.
- Objection on the relative ground of refusal under Section 11 of the Act.
The list is not constrained, there can be other grounds as well on which objections can be raised on the application for registration.
Why should you reply to Trademark Objections?
The reply must be filed within 30 days from the date of receiving the notice. As there is nothing new under the sun, there are fair chances of your trade name being similar to someone else’s name, and so, your application could be objected by the examiner. Now, filing the reply is the only way you can pursue the examiner into giving your application the required go ahead. This will give the examiner a clarity and explanation for the doubts that he might have based on which he objected to your application. Moreover, this might increase the chances of your application being accepted.
What we need from you?
- Your application number
- Form 48 which will authorise the lawyer to file the reply
- A brief explanation about your brand, its use and the acquired repute
- Any document that can establish your brand's distict identity in the market