What is Trademark Objection?
During the procedure of Trademark Registration application, the trademark objection is the most crucial stage and is required to be to be handled with high caution and strong reply to a query raised is to be drafted other the consequences followed, can be the rejection of trademark application. Be prepared to face the objections from the examiner. Objections are issued by the trademark examiner on the basis of finding during the examination procedure on certain grounds. The trademark should be inherently distinctive, or would have ‘acquired distinctiveness’ through its usage and should not be similar or identical to third-party mark, otherwise, it can be objected by the registrar. Objections are issued by the trademark examiner on the basis of finding during the examination procedure on certain grounds.
We strongly suggest you hire a trademark expert, trademark consultancy, trademark lawyer, or such professional having strong drafting defense skill, aware of recent case laws, and is capable to draft a strong trademark objection reply against the objections so raised by the trademark examiner.
Enterslice along with its dedicated trademark specialists has set a benchmark in drafting strong trademark objection reply and shall also assist you on how to avoid trademark objection, contact us to get trademark objection reply filled through us.
What are the types of objections under Trademark Objection?
Objection under Section 11-
This ground of objection is carried out by the trademark examiner on the specific ground of similarity. That there is already some form of trademark like this existing.
Objection under section 9-
This kind of objection would be raised if the name is common or some form of geographical name or location is used.
Objection under TM-1-
This would be an objection if there is some form of error in the trademark application.
Objection related to Class Description-
Such objection would only be raised if there is no description related to the trademark or some wrong description is provided.
Objection related to Power of Attorney-
If there is some form of power of attorney, then the trademark examiner can raise the same if some information is wrong related to the power of attorney.
Objection over Applicant Details-
This is a general objection related to the details of the applicant.
What are the grounds of Trademark Objection?
- In cases were some similarity between logo or word or the trademark that has been applied for is found.
- In cases where there exists any previous already existing one.
- Or in the case where such a trademark registration application affects the sentiments attached to any religion.
- A trademark should either be inherently distinctive (and not similar to any earlier existing mark) or
- Should have ‘acquired distinctiveness’ through its usage.
- Also, it should not be similar or identical third-party marks if any, during which the status would reflect “objected”.
- The wrong form filling Online Trademark Registration in India;
- Arbitrary specification of the Goods and Services;
- The NICE Class heading which is given by the Registry is not properly adhered in the Specification;
- Not proper or complete description of the Trademark applied for;
- Incorrect details entered in the Application;
- Entered the wrong classification of Trademark Class,
- Phonetically similarity to the existing Trademark applied to the Registry.
- Other grounds are a visual similarity in the design, pattern, fonts, and color combination in logo etc.
NOTE: For above-stated reasons, an opportunity to represent the trademark after removing the error is allowed also many of the errors can simply be avoided if filled with due care and proper knowledge of the trademark registration ; however, there are certain cases which are absolute grounds of rejection.
What are the absolute grounds of rejection of a Trademark Registration application?
Where the mark is not capable of distinguishing the goods or services of one person from those of another person;
- The word used is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950
- In case the marks or indications which have become customary in the current language or in the bona fide and established the practice of the trade;
- The mark is of such nature that, it is deceiving the public or cause confusion;
- When matter is likely to hurt the religious susceptibilities of any class or section of the citizens of India;
- When the trademark registration pertains to scandalous or obscene matter;
- In cases, the mark pertains to the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services.
Enterslice takes around 5 - 10 working days to draft and file the trademark objection reply. Kindly exclude the delay caused due to government processing time.
What are the services Enterslice offers with respect to Trademark Objection?
Our services for Trademark Objection:
- We shall draft the Trademark objection reply for you.
- Appearance through a lawyer if needed.
- Legal agreement format and set of legal documents required by startups.
- Updates on developments and changes introduced time to time by respective states.
- Trademark objection sample.
- Legal advisory, Compliance calendar applicable to your establishment and much more.
- Free consultation on replying to a trademark objection by scheduling an appointment with a trademark expert of the Enterslice trademark expert team.
- Other related services like GST registration, company registration, MSME registration, Trademark registration, Shop and establishment act registration, financial services and the list goes on.
Trademark Objection Reply Fees
Trademark objection reply
Rs. 4999(Excluding GST)+Government Fees (Online 2700+ GST and Offline 3000+GST)
Trademark objection reply + End to end follow-ups
Rs. 9999(Excluding GST) + Government Fees (Online 2700+ GST and Offline 3000+GST)
What to do when the online status of the Trademark Registration application reflects “objected”?
- Contact a trademark expert consultancy.
- We shall obtain the examination report first, study it and respond on your behalf and shall elucidate how the objections are not tenable.
- The reply or response to the objections raised through the examination report is required to be given within the time period of 30 days from the date of receipt of the said report otherwise the application will be deemed as abandoned. Hence it is very important to file the reply in an expedite manner that too with high precision.
- To frame the reply of the objections rose which is quite crucial for registration of a trademark one should keep in mind that the reply should be clear, competent enough to establish the distinctiveness of the mark, thereby showing that it eligible for trademark registration.
What to do after Filing Trademark Objection?
- On submissions of the reply against the objection raised through the examination report, the Registrar/Examiner either accepts the trademark or held a hearing session.
- In case further hearing is held, you need to hire a trademark consultant, lawyer or expert for the trademark registration to appear and put up your side before the authority strongly.
- We have an expert team, with immense experience in handling trademark objection.