Reasons for Trademark Objection

Narendra Kumar

24 May, 2019

On the filing of the application for the trademark registration, the examiner shall scrutinize the same. The examiner scrutinizes the application just to make sure that the proposed mark is not any way similar to any other registered mark or is opposed to any Trademark Objection.

Following are the Reasons for Trademark Objection

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.