Description

Trademark objection

Trademarks: Trademarks are symbols that are used to identify the item, product or service uniquely from other companies. Trademarks can be any image, graphics, design, expressions or signs. They uniquely identify the particular company from other companies.

Trademark objection: A trademark objection is one of the initial stages in the process of trademark registration. It occurs before trademark registration.

An examiner or registrar of any third party can file the trademark objection under Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal).  It does not mean the direct denial to the process of trademark registration.

There may be two reasons :

• Wrong on incomplete information in the application
• Existence of a similar trademark

There are two ways when another party can object to the registration of a trademark.

• When the mark is published the Trademark Journal or,
• When the applicant uses the mark before its registration.

How to respond to an objection?

1. Analysing the objection
2. Drafting Of Reply
3. Trademark Hearing
4. Publication In The Trademark Journal and appeal 
5. Registration

Same or Similar Trademark Exists

In matter, identical or similar before trademarks of other trademark owner are found on records in respect of identical or similar definition of goods or services, then an objection is raised as follows:

“The trademark devoted for registration is not registrable under Section 11(1) of the Trade Marks Act 1999 since identical or similar marks in respect of identical or similar description of goods or services are there on documents and because of such identity or similarity of marks and goods or services there exists a possibility of confusion on the part of the public.”

Corrective Action: The applicant can submit a reply to the trademark examination report by stating that trademarks cited as incompatible marks in the examination report are different than the applicant’s trademark, along with supporting evidence.