Trademark Objection
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Overview of Trademark Objection
Trademarks are extremely significant assets in today's competitive business environment. An essential step in the Indian trademark registration process is the trademark objection phase. Handling opposition to trademark filings is one of the major obstacles. The officer now thoroughly examines your selected brand name to make sure it complies with all regulations. Protecting your brand requires understanding these issues and knowing how to properly address them.
A trademark objection is a notification provided by the Registry of Trade Marks for legal purposes. The TM objection is the first step in trademark registration. This procedure may occur when the examiner raises doubts as to whether an existing registered trademark is similar. The trademark application is submitted to the Controller General of Patent, Design, and Trademark (CGPDTM) for review after filing. The examiner may mark the application as objected if they discover any issues that could lead to confusion down the road. Objecting does not take rejection into account. Trademark objections are primarily used to maintain fair competition in the market and avoid confusion.
Trademark objections aid in defending the exclusive rights of the currently registered mark. Additionally, it avoids confusion that could arise from resemblance and damage a specific brand's reputation down the road. As a result, the examiner brings up the trademark objection early on, which also helps to lower the likelihood of future opposition.
To make it simpler for you to obtain TM registration, we will cover all the information you require about the trademark objection process, goal, and explanation in this post.
Eligibility Criteria of Trademark Objection
Common eligibility criteria for trademark objections in India include the following:
- Similarity: in the same class or category of goods and services, a trade mark must be similar or equivalent to an existing trade mark.
- Descriptiveness: Because the contested brand is descriptive of the goods or services being offered, it is not qualified for trademark protection.
- Confusion: the use of the mark at issue could cause confusion among consumers or lead to mistaken identity with the existing mark.
- Deceptive: The disputed trademark gives inaccurate information regarding the nature, provenance, or source of the products or services.
- Offensive: If the disputed trademark targets a specific set of people by disapproving or being discourteous.
Laws Relating To Trademark Objection
Section 9(1)(b) of the Trademark Act, 1999 allows the Registrar to file trademark objections. This clause stated that there might be an objection if the applicant used a mark that identified the kind, characteristics, quantity, value, origin, or length of the "goods' or services'" production.
An Examiner/ Registrar may file an objection under
- Section 9: Absolute Grounds of Refusal and
- Section 11: Relative Grounds of Refusal of the Act on primarily these grounds –
Grounds to File a Trademark Objection
The Indian trademark legislation does not provide specific grounds for opposition. Among the numerous reasons someone could object to a trademark are the following:
- The trademark is a close match or exact duplicate of one that has already been registered.
- The trademark isn't particularly unique.
- It is a descriptive mark.
- The application for the registration of a trademark was made in bad faith.
- The trademark objection is employed in the current language or in a company's established protocols.
- The public could become perplexed or confused by the brand.
- The trademark is forbidden by law or is illegal.
- According to the Emblem and Names Act of 1950, the trademark is prohibited.
- The content of the trademark could offend the religious feelings of any group or section of the public.
Ways to Prevent Trademark Objection
The applicant might bypass the trademark objection procedure by adhering to the following guidelines:
- Performing a Comprehensive TM search: A Thorough TM search is an in-depth investigation that identifies the trademark's availability. To lower the chance of a TM objection, the applicant must thus perform a thorough TM search.
- Select Distinct Mark: In order to help set a specific brand apart, the applicant must select a distinctive mark. It also helps to prevent the procedure of TM Objection.
- Speak with a TM lawyer: Without the TM attorney's consultation, TM registration may be more difficult. Their extensive experience over a long period of time can lessen the likelihood of being rejected. "sangeethatax" might be the ideal resource.
Examining Report
Reports that are released by the trademark office and analyze trademark applications to see if they fulfill registration requirements are known as trademark examination reports. The report will include an opportunity for the applicant to address any possible objections to registration.
The following details are usually included in the trademark examination report:
- The applicant's name
- The trademark application that is being made
- What products or services will be associated with the brand
- The trademark search's findings
- Any possible complaints about signing up
- The way the applicant addressed the objections
- Whether to register the trademark in accordance with trademark office guidelines
If no complaints are voiced, the trademark will be registered. However, in response to any questions the trademark office may have, the applicant will be in a position to reply.
Trademark Objection Process in India
Trademark objections will be handled in the following phases, which are listed below:
Step 1: The Examination Report or the Receipt of Objection
An acknowledgement is provided to the applicant in the event that the registrar objects to the trademark application. This examination report provides the applicant with an understanding of the reasons for the trademark objection. The person who applies or the TM lawyer must examine the trademark and submit a response supporting their position.
Step 2: Reply
The applicant has 30 days from the date of notification to file a MIS-R in response to the objective trademark. If no response is received by the examiner on the objection, the application may be considered abandoned.
At this point, the applicant must turn in all supporting documentation attached to their MIS-R. The bills, the applicant's website, social media ads, or e-commerce sites can all be considered supporting documentation. These records support the applicant's previous usage.
Step 3: Hearing on Show Cause
The examiner holds a show-cause hearing after receiving the response. The applicant shall have three chances of appearing at the hearing; failure to appear will result in an application being terminated. If the examiner is pleased with the evidence at the Show Cause Hearing, they will publish the trademark in the journal; if not, they will reject the application.
Step 4: Journal Advertisement
Any person or company that has a problem with the applied trademark after it has been advertised in the journal may submit a trademark opposition. The primary goal of this opposition approach is to avoid confusion that could arise from identical marks and damage a brand's reputation.
Step 5: Accept or Dismiss
Following the completion of all the previously described procedures, the applied trademark will be registered and the applicant may begin using the ® symbol in front of their logo if they encounter no objection. The trademark application will be denied if it is not.
Response to a Trademark Objection
The reviewing officer must confirm that the trademark application complies with all applicable laws and regulations.
Should it not, a notification will be sent to the applicant, requesting a response within a 30-day period. The application may be denied if the response is not up to standards. An appeal to the Intellectual Property Appellate Board is an option if the applicant is denied.
Records needed for the Trademark Objection
The following paperwork is required for the Trademark Objection response:
- Authorization Form TM-48
- Bills and invoices
- Examination report for trademarks
- Any essential official records, including certifications from FSSCI or MSME
- Screenshots of social media profiles or screenshots of commercials
- Affidavit of Usage
Filing a Reply to the Trademark Objection
It is important that you provide a thorough written response as soon as possible after obtaining the examination results. The application may be rejected if this isn't done. The answer must be comprehensive, stating that the mark satisfies all conditions for a legitimate registration and including arguments, facts, and supporting documentation. The trademark will be listed in the public journal if the reviewing officer is persuaded by the applicant's response. Four months are given to the public to review and voice any objections.
There are a few things to keep in mind when writing a response:
- Analysis: It's critical to comprehend and evaluate the objection in its entirety. Any ambiguity could result in a response that is insufficient.
- Drafting: To avoid possible rejection, the response must follow the prescribed format. It should succinctly respond to the objection, citing relevant legal precedents, earlier decisions, and distinctions between the disputed marks. Include any supporting documentation or evidence that bolsters the response.
- Affidavit: If the trademark is to be utilized on digital platforms like websites, social media accounts, or e-commerce sites, an affidavit must be attached to the reply.
Deadline for Filing a Response to an Examination Report
|
Type of application |
Time frame |
Extension of time |
|
Ordinary Application |
4 months |
30 days |
|
Fast track Application |
3 months |
30 days |
The Consequences of Not Filing a Response
In India, the following effects arise from failing to file a reply to an exam report:
- This will be considered an abandonment of the trademark application.
- The trademark registration will be denied to you.
- As a registered trademark, you won't be allowed to utilize the mark.
- For that reason, others cannot use the trademark.
- It's still possible to submit a fresh application for the same trademark even if you don't respond to an examination report. But you will have to address in the new application the objections brought up in the examination report.
Why Choose sangeethatax?
sangeethatax is a leading legal consulting company in India that offers comprehensive services related to trademark registration. Protect your brand, register your trademark with ease. Secure your business identity with sangeethatax's trademark services. Let us handle your trademark registration while you focus on your business. We have the most trusted professionals for hassle-free trademark registration. Register your trademark virtually, anytime, anywhere with sangeethatax. If you want to respond to your trademark objection, don't hesitate to contact us immediately.
Frequently Asked Questions
Where can I see the report on trademark objections?
The trademark examination report regarding the trademark objection from IP India.Are trademark opposition and trademark objection the same thing?
In trademark objections, the examiner inquiries the registration requirements; this falls under the Service section. In opposition, a third party challenges the trademark's validity.How Can I Determine Whether a Trademark Is Objected?
You can use the Trademarks Registry's official website to track the status of your trademark application and discover any objections to trademarks in India. You will usually receive an official examination report containing specifics about any objections expressed, along with their justifications, if any have been made.How do you oppose a trademark?
Within four months after the date of the registration application advertising published in the trademark journal, you may file an opposition to the trademark with the registrar. This opposition is expressed by sending a TM-O notice and paying a fee.Can we utilize a trademark following an objection?
Throughout the objection period, trademarks cannot be used. Third-party objections must be addressed first in accordance with the rules, which require a fair chance for both sides to be heard. Once the opposition is rejected and the trademark certificate is obtained, you are free to use the mark.What is the deadline of filing to a trademark objection?
The applicant must submit a response to the examiner's examination report within 30 days after receiving it.What occurs if an objection is not resolved in the allotted time?
The trademark application may be denied if objections are not resolved in the allotted period.Once the objection is answered, what role does the public play?
Once the objection has been addressed, the trademark is published in a public journal. After that, the public has four months to examine it and raise any objections.Is there a fee that the government charges for submitting the exam answer?
No, the government is not charged for submitting the exam response.Can I modify the trademark name following an objection?
It is possible to make changes to your trademark application after it has been submitted.
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