Trademark Objection
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Online Trademark Objection Reply
Trademarks are important intellectual property for business. In a year multiple trademarks are applied. Not all the trademarks are accepted. Some trademarks are rejected and are not registered. Examiners search databases in order to find older trademarks that are identical to or confusingly similar to the mark under consideration. The trademark examination report summarises the results of the trademark examiner’s investigation and the reason for trademark objection process.
Eligibility Criteria for Trademark Objection
The following are some of the common eligibility criteria for trademark objection:
- Similarity: The trademark in question must be similar or identical to an existing trademark in the same class or category of goods or services.
- Confusion: The use of the trademark in question could cause confusion among consumers or could lead to mistaken identity with an existing trademark.
- Descriptiveness: The trademark in question is descriptive of the goods or services being offered, and therefore not eligible for trademark protection.
- Offensive: The trademark in question is offensive or derogatory to a particular community or group of people.
- Deceptive: The trademark in question is misleading or deceptive, leading to a false impression about the quality, origin, or source of the goods or services.
Our Process for Trademark Objection Reply
- 1 Working Hour
Check Objection Status
In case you filed your trademark application with us, we will be able to monitor your application status and alert you of any objections raised. You can also check the status of your Trademark application on the official IPIndia portal. If a suitable reply is not filed for the trademark objection, the trademark will be abandoned.
-1 to 2 Working Days
Drafting of Reply
Our attorney will draft a Reply to the objection raised against your Trademark application. In the reply, every objection raised in the examination report will be addressed and replied to. Our attorney will also draft the necessary affidavits (if required / applicable).
-1 Working Day
Reply Filing
Our trademark attorney will file a reply to the objection along with the required documents (such as TM-A and MIS-4) with the Trademark Registry. For this, we will require a written authorisation letter so that our attorney can file the reply on your behalf.
Documents Required for Trademark Objection Reply
What will you get
Reasons for Trademark Objection in India
- Utilising Incorrect Trademark Form – If the registrar finds that The trademark application is not in the right format a trademark objection process will be initiated. The applicant may overcome this objection by submitting a trademark alteration request on form TM-16.
- The applicant name on the trademark application is incorrect – Under the scenario the corresponding authorities will initiate the trademark objection process. Based on the rules and regulations the applicant name has to be submitted on the trademark application on Form TM-16. In case of any mistakes, requests should be raised for altering the same through Form TM-16.
- Not submitting the TM-48 trademark form – If Form TM-48 is missing an attachment or is filled out erroneously, a trademark examiner will initiate the trademark objection process.If someone other than the applicant has submitted the application, a properly stamped power of attorney in their favour must be filed.
The applicant must ask for the reasons in order to overcome an objection for submitting a Form TM-48 that is wrong or incomplete. The applicant must submit a request for the trademark application to be rectified in order to override an objection for an erroneous or incomplete Form TM-48. - Address is not correct on the trademark application – It is mandatory to provide the business address on Form TM-16. If the business address is wrong then the Trademark objection process will be initiated by the corresponding authorities. The applicant’s Indian address must be recorded on Form TM-16 because they don’t have a sizable place of business there. The applicant has to submit a trademark application rectification request using form TM-16.
- Unclear Specification of Goods or Services – The description of goods and services for Trademark Class xx is extremely broad and vague. On Form TM-16, the precise goods for which the trademark registration in India is requested should be listed. If a concern is voiced regarding the description of goods or services, Form TM-16 is used to propose a correction to the trademark application.
- Similar Trademark Exists – If already registered trademarks are identical to the applied trademark then there are high chances that the current trademark owner may face objection. The trademark application cannot be registered since there are already registered trademarks for comparable or identical goods or services as per the Trade Marks Act of 1999. Identical trademarks among the trademarks may result in confusion among the general population. By claiming that the trademarks listed as competing marks are different from their own, the applicant can take corrective action.
