Trademark Objection – Trademark Objection Cases

ABOUT TRADEMARK OBJECTION

A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.

But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month, that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.

REASONS

USE OF INCORRECT FORM

If the application is made in the incorrect form, in that case, the examiner has the full right to raise the trademark objection regarding the same. The examiner before objecting the application will make the statement for making the correction in the form.

FAILURE TO FILE TRADEMARK FORM TM-48

If the application for trademark registration is filed by the Trademark Objection Attorney or an agent appointed for the same, then TM-48 shall be filed and an authorization letter shall be attached with it accordingly. The objection raised by the examiner can be rectified by filling the form TM-16.

VAGUE SPECIFICATIONS OF GOODS AND SERVICES

One of the reasons for raising a trademark objection by the examiner is a large number of goods and services mentioned in the application or the list of goods mentioned is too vague to be considered. In case such an objection is raised the applicant shall file the clarification in Form TM-16 to list the exact items.

TRADEMARK LACKS DISTINCTIVE CHARACTER

Distinctive character is that quality which distinguishes the goods and services of one person from another. If the mark proposed to be registered lacks such quality then it can be objected. The applicant to overcome such an objection must provide proof that the proposed trademark has its own character.

INCORRECT TRADEMARK APPLICANT NAME

The application form should mention the full name of all the partners/ proprietor of the business and it must be filed in the name of Partnership Firm. The same must be filed in form TM-16.

INCORRECT ADDRESS ON TRADEMARK APPLICATION

While filling the application for trademark registration the applicant on whose name the trademark Objection is to be registered has to mention his detailed address. Principal base of the applicant has to be brought on record of the Dept. by filing a Form TM-16.

THE EXISTENCE OF SIMILAR TRADEMARK

The examiner can also raise an objection if while scrutinizing him finds that the proposed trademark is resembling or too similar to an already existing trademark or is identical to a mark which will confuse the existing public. In this case, the applicant can give his justification that the mark proposed to be registered is not identical to an existing mark.

TRADEMARK IS DECEPTIVE

An examiner can also raise an objection if he is of the view that the proposed trademark can deceive the existing public in terms of its use, nature, quality. In such cases, the applicant can apply for exemption of goods/services by filing Form TM-16.

TRADEMARK OBJECTION REPLY

  • It is mandatory in nature.
  • Generally need to be filed within 30 days.
  • If not filed, trademark shall abandon.
  • Always keep a track on Trademark examination report.
  • Trademark inspector may call you in person to clear any doubts.

DOCUMENTS REQUIRED FOR REGISTRATION

  • Power of Attorney
  • A basic Form to fill

REGISTERED OFFICE PROOF

  • Register office of all companies must be in India .If it is a Rented Property, Rent agreement and NOC from a landlord. If it is a Self-owned Property, Electricity bill or any other address proof.
  • Documents submitted must be valid and not more than 2 month old.