Trademark Status: Opposed Vs Objected Vs Formalities Check Pass

13 Jun, 2019

The filling of application online for Trademark Registration has improved the efficiency and transparency of Trademark Status filing in India. Application for registration of Trademark Status goes through various stages of scrutiny before it gets registered. These stages or status are briefly explained below:

While registering the Trademark Status different status i.e. opposed, objected or checks pass is reflected. Difference between all of them is as follows:

S.No.

Opposed

Objected

Check Pass

As soon as you file the application for registration and the same is published in the journal by the Registrar of Trade Marks a third party shall be allowed to oppose such trademark within a period of 90 days of such publication. The third party shall file such opposition with the Registrar of Trademark. After the third party files such letter the status on the Trade Mark website will be shown as opposed.

Usually the third party files such opposition when they are of the view that the proposed trademark is identical with the already existing trademark or is non- distinctive.

After the filling of opposition by the third party the status of the application changes from “advertised” to “opposed”.

After the filling of opposition, a notice is served on the applicant who states the grounds of opposition.

The applicant is required to file a counter-statement within a period of 2 months from the date on which notice is served to him.

The trademark application is abandoned if no counter statement is received by the authority within the prescribed time.

While examining the application if the Examiner/Registrar raises any kind of objection the status of the application will be reflected as “objected”.As per the Trade Mark Act at the time of scrutiny of the application, the miner/Registrar may raise an objection. Objections shall be made when the Registrar/examiner is of the view that the trademark is descriptive of generics goods indicating nature or quality of goods. To overcome this objection is necessary to show that the trademark has developed a unique character because of its extensive use. For this purpose, the applicant has to submit an affidavit with evidence in this regard. Examiner or the Registrar shall make objections only if the proposed trademark is identical or similar to the already existing trademark which is on the record of the Trade Mark Registry. In such type of cases, the registrar/examiner shall issue computer-generated search report which wills comprise the list of conflicting marks.

As soon as all of the basic filing requirements for registering the trademark are passed then the status of the proposed trademark will show on the website as “Formalities Check Pass”.

The Trademark Registry will check all the basic requirements such as:

1. Whether the appropriate translation has been filed.

2. If the application has been filed through an agent POA has been filed.

If the basic requirements are not properly filed then the status will be shown as “Formalities Check pass Failed”.

After this stage is completed the application goes through substantive examination. During this phase, objections can be raised by the third party.

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