There are several reasons for trademark objections. However, some of the major reasons for objections are:
Incorrect Trademark form:
If the applicant doesn't file the application for Trademark in the correct form, the examiner may object. The trademark registration application is usually filed in the form of TM-1. And for obtaining the correct certification mark for goods and services falling in a class filed in TM-4, the applicant must file the correction in TM-16.
Step to rectify
If the objection is made by the trademark examiner that the goods and services don't fall under the correct class, the applicant can file the reply by requesting for the correction in form TM-16.
Incorrect applicant name in the Trademark
Every applicant filing for a trademark application must mention the correct applicant name. If the trademark examiner finds any inaccuracy in the name, then he can object. If the request is registered with name of the partnership firm, all the associates should mention their names by filing a request on form TM-16.
Step to rectify
Any applicant can reply to an objection made for an incorrect applicant name. But that you have to file a request on the form TM-16.
Not filing the trademark form TM-48
When a trademark attorney/agent files an application for trademark registration on behalf of the applicant, he/she must attach the form TM-48. In the cases where the TM-48 is not attached, or the application has been incorrectly executed, the examiner will raise an objection. The opposition will declare that the request has been presented by another person, and a duly stamped power of attorney in favor of the agent must be filed.
Step to rectify
The application makes correct the mistake by filing a request to correct the trademark application on the form TM-16.
Incorrect address
In the cases when a trademark application has no registered place of the Business or the address of the applicant is not mentioned, the trademark examiner will raise an objection. The objection will state that registered place of Business must be brought on record by filing the form TM-16. The applicant's address can also be brought in to record by filing the same form.
Step to rectify
The application can reply to the objection by raising a request in the form of TM-16.
Indistinct specification of goods and services
If the goods and services in the trademark application are too indistinct, or a large variety of goods are in one class, the examiner can raise an objection. The objection made by the trademark examiner will state that the Trademark applied for the incorporation for a class is very indistinct and wide. You have to provide the exact items to be sought in a class.
Steps to rectify
The applicants filing the registration can reply to the objection made by requesting to correct the Trademark. In such cases, you have to file form TM-16.
Existence of similar Trademark
If the Trademark applied for registration is found to be similar to an earlier trademark of a different owner, then the examiner will raise an objection. The opposition will declare that Trademark implemented for registration would not be able to enroll under section 11(1) of the Trademark rules 1999. This means that the Trademark applied is identical to any goods and services from the past records. Such existence will create confusion in public.
Right step
In such cases, the applicant can reply to the objection made by the trademark examiner by providing all the evidence.
Lack of Uniqueness
The Trademark those are not capable of being unique from other goods, and services lack distinctive characters. Thus they become liable for objection by examiner. To overcome any such objection, an applicant must submit adequate proof showing that the Trademark has gained Uniqueness as of its extensive use.
Deceptive Trademark
A trademark examiner can also raise an objection; if the Trademark submitted has the potential of misleading public. There are many reasons for a trademark being elusive such as nature, quality, or geographical origin. In any such cases, the applicant can reply to the objection by filing form TM-16.