Trademark registration is a sort of intellectual property safeguard, beneath which a word or graphic sign used by industry to differentiate its goods or services from other parallel goods or services initiating from a diverse business can be sheltered. In order to register a trademark, it is required to file a trademark application by the applicant with the pertinent Trade Mark Registrar in the approved format. Once the filing of a trademark application is done, the Trade Marks Registrar would route the application and produce an Examination Report. Among the effects, the Trademark Examination Report could permit for the trademark application to be publicized previously to registration or the Trademark Examiner could raise a complaint about registering the mark.
In circumstances in which the Trade Mark Registrar rears an objection for registration of a trademark, the candidate has a chance to comply with an on-paper reply for the objection raised within a period of 30 days. The answer to the Trademark Examination Report should comprise motives, truths and proof as to why the mark should be registered in favor of the applicant together with the backup evidence if any. If the Trademark Examiner discovers the reply satisfactory and reports all the concerns raised by him/her in the Examination Report, the request would be permitted to be printed in the Trademark Journal, prior to registration.
Top Reasons for Trademark Objection
Mentioned below are the top reasons for trademark objection:
- Incorrect Trademark Form Usage
In instance the trademark application is not finished in the proper format, an objection as below is raised by the Trademark Examiner.
“The application is made on Form TM-1, for certification mark in respect of goods or services falling in a class, the form of the application should be corrected as TM-4 by filing a request on form TM-16.”
Corrective Action: The candidate can resolve this objection by demanding to correct trademark claim by filing an appeal on form TM -16.
- Improper Trademark Applicant Name
The trademark applicant’s name must be entered properly in an application, as suggested in this article. In case of incorrect trademark applicant name, the Trademark Examiner would raise an objection as follows:
“The application appears to have been filed in the name of a partnership firm, names of all Partners of the firm should be brought on record by filing a request form TM-16.”
Corrective Action: The applicant can overcome an objection for incorrect trademark applicant name by requesting to correct trademark application by filing a request on form TM -16.
Failure to File Trademark Form TM-48
Every time a trademark application is listed by a Trademark Attorney or Trademark Agent in the best interests of the applicant, Trademark Form TM-48 must be attached. In case of Form TM-48 is not attached or wrongly implemented, the Trademark Examiner would raise a complaint as follows:
“The application has been defer to by a person other than the candidate, a duly stamped Power of Attorney in favor of a specific agent should be filed.”
Corrective Action: The candidate can resolve an opposition for failure or incorrect Form TM-48 filing by asking for correction of trademark request by filing an appeal on form TM -16.
- Inappropriate Address on Trademark Request
In case a trademark request has not cited the primary place of business of the applicant, or if the applicant’s address for service in India is not declared, then an opposition can be raised as under:
“The Principal Place of business of the candidate should be got on record by filing a request on form TM-16” or “The candidate’s address for service in India should be got on record by filing an appeal on form TM-16, as the candidate has no primary place of business in India.”
Corrective Action: The candidate can overpower an objection for an inappropriate address by asking for correction of trademark request by filing an appeal on form TM -16.
- Unclear Description of Goods or Services
In a trademark request, if the description of goods or services is too ambiguous or includes a great variability of goods and services in a class, then an opposition can be raised by the Trademark Examiner as mentioned below:
“The description of goods/services cited in respect of class xx, is very imprecise and broad. You must deliver specific items in respect of which the trademark is sought to be registered, by filing a request on form TM-16.”
Corrective Action: The candidate can overpower an opposition on the description of goods or services by asking for to correction of trademark request by filing an appeal on form TM -16.
- Identical or Alike Trademark Exists
In case, identical or alike previous trademarks of different trademark owner are observed on records in reverence of the similar or related explanation of goods or services; then an objection is raised up as follows:
“The trademark requested for registration is not registrable under Section 11(1) of the Trade Marks Act 1999 since matching or alike marks in respect of like or analogous explanation of goods or services are there on records and due to such identity or similarity of marks and goods or services there survives a probability of misunderstanding on the behalf of the public.”
Corrective Action: The candidate can offer a reply to the trademark examination report by asserting that trademarks quoted as contradictory marks in the examination report are dissimilar than the applicant’s trademark, accompanied by supporting evidence.
- Trademark Lacks Unique Character
Trademarks which are incapable of differing the products and amenities of one person from those of another person are bereft of distinct character and thus accountable for opposition under complete grounds for denial of trademarks. To overpower a trademark objection under total grounds for denial, the trademark candidate can submit proof to express that the mark has attained a distinct character by virtue of its prior use.
- Deceptive Trademark
An opposition can be upraised by the Trademark Surveyor, if the mark has the probability for the dishonesty of the community by aim of rather inherent in the mark itself or in its use, like nature, quality or geographical origin of the goods or services. An opposition as to misleading trademark can be overpowered if the candidate tries to omit goods or services from the specification by filing Form TM-16.
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FAQ For Trademark Objection
At the time of registering, the surveyor should be gratified with the trademark which suggests that the mark should be obliged with all standards and guidelines for registering, in the event the examiner senses discontentment with the trademark he might object to it. He will convey to the candidate and the candidate needs to answer within thirty days and such answer needs to satisfy the surveyor, on failing to answer, the application will be uninhibited and failing to content the surveyor may result in rejection of the application. Therefore, the answer should be created by a trademark and Legal expert.
TM professional drafts and files an answer within a period of 3 working days of opposition received bound by the obtainability of the documents.
As long as the status is shown objected you can be capable of filing the reply for your trademark objection stated in the examination report.
The cause for the opposition can be countless either concerning the documents filed or concerning the satisfaction of criteria commanded by the statue and rules.