Trademark Objection in India
Trademark Objection in India is when a TM examiner objects to the registration of a trademark.
Here, the applicant is given legal notice about the objection and the reasons for it.
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During the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.
It is issued to the applicant the trademark office stating the reasons for its refusal. The applicant has to reply to it within a stipulated time with reasons as it why it was not unique The examiner might accept the response or might schedule another meeting .
To Prevent Abandonment
Establish your Mark's Distinctiveness
If you have filed your trademark with Bharatregister, we will intimate you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection.
If you are new, it's best you contact us within a month from the publication of the report.
Bharatregister gives due importance to each case and our best lawyers will handle your case and prepare the documents. The response will be submitted.
If the Registrar does not accept your initial response, an interview is scheduled, where the arguments are presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.
- Authorization letter
- Affidavit of usage
- Examination report
- Trademark hearing notice
- Documentary proof of Trademark in commercial use.
- The duly appointed applicant or the attorney has to appear before the authorities, on the scheduled date
When an objection is raised, the status of the trademark in the Indian Trademark Registry will be marked as “Objected”. The following are the steps to file a response in the event of a trademark objection:
The first step involves analysing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Reply.
The next step is to draft a trademark reply which should include the following:
- A proper answer to the objection raised with supporting rule of law and precedents and judgments supporting the case
- The differences between the conflicting mark and the mark of the applicant.
- Other supporting documents and evidence that validates the response.
- An affidavit stating the usage of the trademark in the applicant’s website and social media channels; advertisement in the media; publicity material; availability of trademarked products on e-commerce sites, etc. along with the documentary proof for the same
- The response draft is then filed online on the Trademark e-filing portal.
If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and the same will be notified with a notice.
If the outcome at the hearing is positive, the mark will be accepted and will be ordered to be published in the Trademark Journal. In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed.
Once your trademark is published in the Trademark Journal, it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and the Registration Certification is issued. If an objection is filed the opposition proceedings will take place as per the prescribed rules of the law.
- Pick a Package that best fits your requirements
- Provide us the Application No. & Examination Report issued for your TM
- Know about the grounds raised by Registry
- Make payment through secured payment gateways
- Assigned Relationship Manager
- Consultation for examination and search report
- Drafting of reply to examination report
- Filing of Reply online by Registered Attorney
- All it takes is 4 working days
The status of the trademark application can be tracked here. There the status will be displayed as “Objected”.
Trademarks might be rejected due to the following reasons:
- Usage of scandalous or offensive words
- No use of unique signs and terms
- Official and Patriotic resemblances for example flag or emblem
- Existence of identical marks in the industry
The response has to be submitted within 30 days from the date of issuance of the examination report.
Once your mark has been accepted, it will be advertised in the Journal within four months of raising an objection. If no such third parties raise trademark oppositions, the trademark will be registered in a couple of weeks.
Yes, applicant can apply for a 30 day extension by paying a fee of Rs. 900 and Form TM-M
It lists the relative grounds for refusal of registration.
Stipulates that where there exists a likelihood of confusion on the part of the public because of the identity with an earlier trademark or similarity of goods or services, the trademark shall not be registered.
Managing Your Business
Trademark Registration
Provisional Patent
Permanent Patent
Copyright
Governing Act
Trade Marks Act, 1999
The Patents Act, 1970
The Patents Act, 1970
The Copyright Act, 1957
Registration Requirement
Mandatory for claiming exclusive right
Mandatory
Mandatory
Optional
Most likely used for
Logo, Design, Packing Material, Name of Business / Company
New invention idea with a prototype
New invention idea with a prototype
All types of original artistic, dramatic or musical works
Symbolic Representation
After application ™ After registration ®
No symbol
No symbol
©
Valid for
Trademark once registered is valid for 10 years which can be renewed
Provisional patents valid for 12 months during which complete specification must be filed
A permanent patent is valid for 20 years including the year of provisional patent filing
In addition to lifetime validity of creator it remains valid till 60 years after his death
1. Fill Form
2. Call to discuss
3. Get Certificate
