TRADEMARK OBJECTION
When you apply for trademark registration in India, one crucial step in the process is the trademark examination. During this stage, a Trademark Examiner reviews your application to ensure it complies with all legal requirements. If the examiner finds any issue—such as similarity with existing marks or lack of distinctiveness—they will raise a trademark objection.
It’s important to understand: an objection is not a rejection. It simply means that the application needs clarification or correction before it can proceed further.
What is a Trademark?
A trademark is a unique name, logo, sign, word, or symbol used by a business to distinguish its goods or services from others in the market. Registering a trademark gives the owner exclusive rights to use it and protects the brand from unauthorized use or infringement.
Steps in Trademark Registration
- Trademark Search
- Filing of Application
- Formality Check
- Examination & Publication
- Trademark Registration
Once registered, no third party can legally use your trademark without permission.
Trademark Objections: What You Need to Know
After filing, the trademark application is examined by the Trademark Office. If the examiner identifies any issues—such as similarity with an existing mark or if the mark is too generic—an examination report is issued raising objections under relevant sections of the Trademark Act.
Common Grounds for Objection
Under Section 11: Conflict with Existing Trademarks
- Identical or Similar Marks: For example, applying for “Sunshine” in the beverage category when it already exists.
- Similar Sound: “CandyLand” vs. “KandyLand”
- Conceptual Similarity: “TechSolutions” may be objected to if “TechPro” already exists in a similar field.
Under Section 9: Lack of Distinctiveness or Misleading Nature
- Descriptive Names: E.g., “FreshJuice” for juice products.
- No Distinctive Element: Basic shapes or generic designs may be objected to.
- Deceptive Marks: Like “OrganicGarden” for a product that isn’t organic.
How to Respond to a Trademark Objection
Once an objection is raised, the applicant must file a written reply within 30 days from the date of receipt of the examination report. This reply should address each concern clearly with legal justifications and supporting evidence.
Documents to Submit:
- Invoices, sales bills
- Business cards, brochures, and letterheads
- MSME/FSSAI certificates or other government documents
- Social media screenshots or ad materials
- Affidavit (if the mark is used online)
Failure to file a reply on time can lead to abandonment of the application. If rejected, an appeal can be made to the IP Division of the High Court.
Trademark Objection vs Trademark Opposition
While trademark objection is raised by the Trademark Office during examination, trademark opposition is a challenge filed by a third party after the mark is published in the Trademark Journal. Both processes require prompt and well-drafted responses.
Filing Fees for Trademark Objection Reply
The fees for filing a reply may vary depending on the complexity of the objection, whether legal assistance is required, and other factors. Charges may also differ if the reply includes affidavits or additional evidence.
“Resolve Trademark Objections with Confidence — With Consult Your Counsel.”