Introduction

If the Examiner /Registrar raises objections in the Examination Report, the status of your trademark application will show as “Objected”. After the application is scrutinized, objections may be raised by the Examiner/Registrar under the Trade Marks Act Sections 9 and 11. For Example, Objections are likely to be made under Section 9, when the Examiner/ Registrar considers the trade mark to be descriptive of generics/laudatory/goods indicating nature or quality of the goods.
To overcome this objection, it is essential to show that the trade mark is characteristically distinctive. This objection can also be avoided if the trade mark has developed a unique character because of extensive use. For this purpose, it is required to submit a user affidavit with cogent evidences which shows that the trade mark has acquired uniqueness. Section 11 objections are made by the examiner/ Registrar when there is a similar/ identical trademark in respect of similar/identical services/goods already on record in the Trade Mark Registry. In such a case, the Examiner/ Registrar issues a computer-generated Search Report which comprises the list of conflicting marks.

Reasons

An application for registration of a trademark can be objected by the Trademark Office for a number of reasons. In this article, we look at the top reason for trademark objection:

  1. Use of Incorrect Trademark Form.
  2. Incorrect Trademark Applicant Name .
  3. Failure to File Trademark Form TM-48.
  4. Incorrect Address on Trademark Application
  5. Vague Specification of Goods or Services
  6. Same or Similar Trademark Exists
  7. Trademark Lacks Distinctive Character
  8. Trademark is Deceptive

Documents

Documents required for objection:

  1. Account Credentiuals.
  2. Objection Proof.
  3. Trademarks Details.

Time

TM objection reply within 24 Hours.

FAQ's

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.

It is valid for 10 years at a time and is renewable indefinitely.

A trademark is a mark given to a brand to protect the brand name, Logo or Slogan. A copyright is a Protection given to unique content such as books, music, videos, songs or even software..

The trademark registered under Trademark Act 2000 will be valid only in India. However, in some countries trademark registered in India can be used as a base for registering trademark in that country.

Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.

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