Trademark Objection

Every Business has a unique word or visual symbol that distinguishes it from other goods. But this symbol or word can be used by some other entity as well. Thus, to protect these intellectual properties, a business uses a legal registration called trademark registration Trademark registration protects all these properties of a business from being used by another business.

If any business wants to register a trademark, it must file the application with the relevant trademark registrar. Once you file your trademark application, the registrar will process it and provide you an examination report. The trademark examination report allows the advertisement of the trademark application where the examiner could object to the registration of the Trademark.

If in case the trademark registrar raises an objection for the trademark application, then applicant gets an opportunity to file a written reply for the objection. But it must be done within 30 days from the objection made.

The reply that you give to the trademark examination report should include all the facts and evidence that why the Trademark should be registered in your favor. You can also include any supporting pieces of evidence if you have. If the examiner finds your reply to the trademark objection satisfying enough, then you would be allowed to publish the trademark journal before its registration.

The response to a trademark examination report can be filed by the applicant or any authorized agent as a reply to the examination report. Any applicant can submit a reply online on the official website. An applicant can also post it by a person. But all the affidavit or supported documents must attach along with a response to examination report.

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.