Objected Status in Trademark

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 When the Registrar raises one or more objections in the Examination Report after Trademark Registration Online, the status on the Indian Trademark Registry website shows “Objected ". But, do not worry if it is objected status in Trademark. 



 

However, make sure to file a response to the objection in one- month, or the application is abandoned.

 

Reason for Trademark Rejection

  • Incorrect Trademark Form Use
  • The trademark applicant name is wrong.
  • Inadequate completion of Trademark Form TM-48.
  • On the trademark application, the address is incorrect.
  • Obscure Goods or Service Term
  • There is an existing trademark with the same or similar name.
  • Tricky Trademark

 

Trade Mark Registry uploads the Examination Report to the online records without notifying the applicant or its agent. Therefore, it is better to submit the response within a month of becoming aware of the upload of the Examination Report in the online records. 

When a trademark is objected to, make precise arguments by submitting a suitable response to the examination report to overcome the objections. After receiving written submissions, the Registrar either accepts the trademark or schedules a hearing to hear arguments in person. Most disapproval overrules if presented correctly to the Registrar.

 

How to avoid objections?

1. Conduct an out-and-out trademark search 

2. Use a different mark

3. Avoid confusingly similar trademarks.

4. Stay away from well-known brands.

5. Avoid using ordinary words.

6. Make up a new word

7. Do not use the names of locations.

8. Create applications that are free of flaws.

9. Conduct additional searches that are specific to operations.

10. Avoid any offensive logos.

 

What is the proper way to respond to a Trademark Objection?

When an objection raises, the applicant is notified of the grievance and the grounds for the objection.

 

  • Firstly, file a statement within a month of receiving the notice of objection. If you do not file a complaint within a month, the status of your application will be marked as rejected.
  • Following the filing of a counter-statement to the objection, the trademark registrar schedules a hearing between the two parties. In this case, the two parties are the trademark owner and the trademark registrar. If the trademark owner rules in favour of the applicant, the trademark registers. Similarly, if the trademark owner rules against the applicant, then it is removed and rejected from the journal.
  • Following the rejection, the applicant will file an appeal with the Intellectual Property Appellate Board (IPAB). The applicant must file the appeal within three months of the date of the Trademark Registrars order.

Documents Needed for Reply of Trademark Objection 

  •  Power of Attorney
  •  A primary Form to fill

 

How do you respond to a trademark objection?

While there is no official format for that, it is generally best to respond to each paragraph of the complaint with a brief statement admitting or denying the alleged facts. However, if you cannot do so, state that you lack sufficient facts to accept or refuse the claim.

 

To check the detailed fees and forms for trademark objection visit ipindia.gov.in

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