Trademark objection is a legal process where an objection is raised by the trademark examiner during the examination of a trademark application.
The objection means that the trademark applied for has not met the legal requirements for registration under the Trademarks Act, 1999.
The grounds for trademark objection may vary from case to case, but some common reasons for trademark objection include:
1. Similarity with an existing trademark: If the trademark applied for is similar to an existing trademark, the examiner may raise an objection on the grounds of similarity, which can lead to confusion among consumers.
2. Descriptive or generic nature of the trademark: If the trademark applied for is descriptive or generic, the examiner may raise an objection as such trademarks are not eligible for registration under the Trademarks Act, 1999.
3. Contravention of the Emblems and Names (Prevention of Improper Use) Act, 1950: If the trademark applied for is in contravention of the Emblems and Names (Prevention of Improper Use) Act, 1950, the examiner may raise an objection.
4. Non-compliance with the Trademarks Act, 1999: If the trademark application does not comply with the requirements of the Trademarks Act, 1999, the examiner may raise an objection.
Once an objection is raised, the applicant is required to respond to the objection within a stipulated period of time, which is usually one month.
The response must address the grounds of the objection raised by the examiner and provide evidence or arguments in support of the trademark application.
If the applicant fails to respond to the objection, the trademark application may be abandoned, and the applicant will lose the right to register the trademark.
If the applicant responds to the objection, the examiner will review the response and either accept or reject the trademark application.
If the trademark application is rejected, the applicant may appeal the decision to the Intellectual Property Appellate Board (IPAB) or the High Court.
