Trademark Status Objected | You Should Know Everything About It
A trademark is a logo (emblem), symbol, tagline (promotional sentence),
or a combination of both that identifies a brand. After
trademark registration online often during the
registration process, the trademark registrar raises objections to the intended
(premeditated) trademark in violation of the rules and regulations of trademark
registration. Therefore, the status changes from marked for exam to
objected. So, here I have explained what does trademark status objected means
and how to fix it.
In case of trademark status objected, a long comprehensive reply should
be filed within one month from the objection issue date.
If the Examiner/Registrar raises objections in the examination report,
the status of your Trademark Application will appear as Objected.
After the application scrutinizes, the examiner can raise the objections
under the Trademarks Act Section 9 & 11.
For example, there may be chances of objections under section 9 when the
examiner or registrar considers the trademark to be
generic/plausible/indicating the nature of the goods or the quality of the
goods.
- It is necessary to show that the trademark is
characteristically distinctive.
- To avoid objection, you have to develop a
unique character. For this purpose, the users need to submit an affidavit
with decent proof that the trademark has acquired distinctiveness.
Reasons for a Trademark
Status Objection
The Trademark Examiner examines a trademark application to ensure the
application does not conflict with any trademark rules. A trademark application
may face objection for any of the following reasons:
- Filing of Incorrect Trademark Form
If the application is not in the correct format, the examiner can raise
an objection.
For example, Form TM-4 for registration of aggregate marks for goods and
services in any one category.
There is Form TM-51 for registration of trademark under various classes
of goods and services.
- Wrong Trademark applicant name
The trademark should be registered in the original name of the applicant
and double-checked for the correct spelling.
- Use of masquerading (distracting) and
offensive (angry) words:
Trademark names that contain misleading words or attempt to deceive or
mislead customers with wrong descriptions of products or services will be
rejected.
For example, a brand called "vanilla chocolate" that sells
chocolate flavours may be considered misleading.
At the same time, applications registering for trademarks with
objectionable terms will be rejected.
- Inadequate information on goods/services
When a trademark application fails to mention the business products and
services, the Trademark Examiner may likely reject the application due to
unclear information.
- Existence of an identification mark
The trademark you want does not have to be the same as a mark that is
already in business. The Trademark Examiner can raise objections under the
Trademark Act, which states that it may create confusion among the public.
How to file a Trademark
Objection Response?
When an objection is put up, the Trademark Status will be marked as
Objected (Objection Raised).
Following are the steps to file a response in
case of Trademark Objection:
Step 1: Analysis of
Trademark Objection
The first step involves careful analysis and study of the objection, as
any ambiguity in understanding it can lead to incorrect filing of Trademark
Objection Response.
Step 2: Draft
Trademark Objection Response
Make it ready. The next step is to prepare a trademark reply response
that should include the following:
- The appropriate response to the objection
raised with rules and precedents supporting the law and judgments
supporting the case
- Distinguish between the opponent's mark
and the applicant's mark. Other supporting documents and evidence to
support the response do validate.
- An affidavit of the use of the trademark in
the applicant's website and social media channels; Advertisement in media,
publicity material Availability of trademarked products on e-commerce
sites along with documentary proof for the same
- The response draft is then filed online on the
Trademark e-filing portal.
Step 3: Trademark Hearing
If the response is accepted the application will process for
registration and advertisement in the Trademark Journal.
If this is not accepted or there are additional clarifications sought by
the trademark examiner a trademark hearing will be organized and, the same will
be notified with a notice.
Step 4: Publication in
the Trademark Journal
If the result at the hearing is positive, that mark shall be accepted
and ordered to be printed in the Trademark Journal with the following details.
Business Entity Type LLP Private - Limited or
LLC Business Name and contact details such as email address and mobile number.
In the event of a negative result, a refusal order shall pass,
explaining the reason for the refusal. The applicant shall still have the
option of appealing by filing a review petition within 30 days from the date of
mention of the order refusing to mention that order.
Step 5: Registration
Once your trademark posts in the Trademark Journal, it will be open for
scrutiny for four months.
If no third-party protest files within that period, the mark will
proceed to registration and, a registration certificate will issue.
If the objection is lodged then the opposition action will be taken, as
per the prescribed rules of law.
Required Documents for
Reply to Trademark Status Objected
- Authorization letter
- Affidavit of Use
- Exam Report
- Trademark Hearing Notice
- Documentary proof of the trademark in
commercial use.
- The duly appointed applicant or advocate will
have to appear before the authorities on the stipulated date.
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