What is Trademark Objection ?
A trademark objection, also known as a trademark office action or trademark examination report, is a formal communication issued by the trademark office to the applicant of a trademark registration. It signifies that the trademark application has been examined by the trademark examiner, and there are certain issues or objections that need to be addressed before the trademark can be registered. Trademark objections are a routine part of the trademark registration process and are issued for various reasons. Here are some common reasons for trademark objections:
Similarity to Existing Trademarks: The trademark office may object to the registration of a trademark if it is deemed too similar to an existing registered trademark, especially if the existing trademark is in the same or related class of goods or services.
Descriptive or Generic Terms: Trademarks that are purely descriptive of the goods or services they represent or that use generic terms may be objected to. Trademarks are expected to be distinctive.
Lack of Distinctiveness: A trademark must have distinctiveness, meaning it should be capable of distinguishing the applicant's goods or services from others. If the trademark is considered common or non-distinctive, it may face an objection.
Deceptiveness: Trademarks that are deceptive or likely to mislead the public regarding the nature, quality, or origin of the goods or services may be objected to.
Offensive or Scandalous Content: Trademarks that contain offensive, scandalous, or immoral content may face objections.
Generic Terms or Symbols: Trademarks that consist of generic terms or common symbols that cannot serve as source indicators for the goods or services may be objected to.
Non-Use: If the trademark applicant has not used the trademark in connection with the applied-for goods or services, the trademark office may raise objections.
Errors or Inaccuracies: Errors or inaccuracies in the trademark application, such as incorrect details, missing documents, or incomplete information, can lead to objections.
When a trademark application receives an objection, the applicant typically has a specified period, often around one to two months, to respond to the objections raised by the trademark office. The response should include arguments and evidence to overcome the objections. If the objections are satisfactorily addressed, the trademark may proceed to registration. However, if the objections are not resolved, the trademark application may be refused.
It's important for trademark applicants to carefully review examination reports, seek legal advice if necessary, and respond promptly and accurately to objections to increase the likelihood of successfully registering their trademark. Trademark attorneys or professionals can assist in addressing objections and navigating the trademark registration process effectively.
To conduct a trademark search and check the availability of a trademark in India, you can use the official government website known as the "Public Search of Trade Marks" portal provided by the Office of the Controller General of Patents, Designs & Trade Marks. Here's how to access it:
Visit the official website: https://ipindiaservices.gov.in/tmrpublicsearch/frmmain.aspx
On the homepage, you can use various search options, such as:
Wordmark Search: Search for trademarks using specific words or phrases.
Vienna Code Search: Search for figurative or design trademarks using Vienna codes.
Phonetic Search: Search for trademarks based on their phonetic sound.
Enter the relevant search criteria, such as the trademark name, class of goods or services, and other details.
Click the "Search" button to initiate the search.
The search results will display trademarks that match your search criteria. You can click on a trademark to view its details, including the applicant's name, application date, and class of goods or services.
Keep in mind that conducting a trademark search on the official government portal is a crucial step before applying for trademark registration to ensure that your desired mark is available and does not conflict with existing trademarks. If you have any doubts or need assistance, it's advisable to consult with a trademark attorney or specialist to navigate the registration process effectively.
Why Trademark Needed ?
At Trademark, we understand the need to protect your brand and business from potential infringements. We offer comprehensive trademark services to ensure that your brand is protected and that your business remains competitive in the current market.
Process of getting Trademark Objections
We provide a comprehensive service of process for trademark registration. Our experienced team of professionals will guide you through the entire process, from initial consultation to filing and registration. We provide up-to-date advice on the latest legal requirements and help you protect your brand.