A trademark is a mark, symbol, word, recognizable sign, phrase, design, or a combination thereof which create a visual identity of a business and that distinguishes and identifies the goods or services of one company from those of others. Further, a trademark objection refers to the case where formal objection is raised by the trademark authority itself or by third party against the application filed for registration of trademark. When somebody apply for registration of trademark, it goes through an examination process conducted by the trademark authority. During the period of examination, the trademark examiner is required to ensure that the application filed by any person is in compliance with applicable law and is not similar to any other brand name. Whenever an objection is raised, trademark user is given an opportunity to represent his/ her/ its case and file reply of the objection within the time period as may be stated in the objection.
Reason of objections:
1. Similar Trademark: In case anyone applied with the trademark which is already registered or similar to registered trademark, then it could be potential reason of creating confusion in the mind of the customer.
2. Descriptiveness: If the trademark is too general or lack of originality.
3. Prohibited Marks: There are certain trademark which are prohibited in nature and can’t be registered.
4. Incomplete information: If an application is filed with incomplete information or documents or not filed in compliance with applicable law.
What is included in this
- 1. Ascertain Eligibility Criteria
- 2. Documents preparations
- 3. Filing of Reply;
- 4. Planning & Strategic decision
- 5. Liasioning with the department
- 6. Liasioning with the department
1. What is a trademark objection?
A trademark objection refers to a formal objection raised by a trademark examiner or a third party against the registration of a particular trademark. It indicates that there are issues or conflicts with the proposed trademark that need to be resolved before it can be registered.
2. Who can raise the trademark objection?
A trademark objection can be raised by trademark examiner at its own or by third party.
3. What are the common reason behind Trademark Objection?
Common grounds for trademark objections can be in case of similar trademark, lack of originality, use of prohibited marks, filing an application with in-complete information/ documents
4. What will happen if somebody doesn’t reply to trademark objection?
In case someone has received a trademark objection notice, then such person is bound to reply and file trademark objection reply within a period as stated under the trademark objection notice and in case somebody doesn’t file the reply within the stipulated time period, then the trademark authority has power to consider the trademark application as abandoned or rejected.
5. How much time it takes to resolve Trademark objection?
There is no specific timeline as defined under the applicable law, further it depend upon lots of ground like complexity of the objection, pendency’s at the trademark authority side etc.