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How to Manage Trademark Objection

In India, the trademark objection is different from the trademark opposition. The trademark objection is issued by the trademark examiner after examination of the filed application (in Form TM-1) for trademark registration; while the trademark opposition (filed through Form TM-5) is raised by any third person or company, within the prescribed period after the date of publication of the filed application for registration. Thus, the trademark objection is a governmental objection for making any trademark perfectly and indubitably registrable within the jurisdiction concerned. This well-drafted webpage offers very informative and useful information regarding how to manage trademark objection in India, in connection with registration of trademarks and service marks related with all 45 classes of the Nice classification.

Certain preliminary objections raised by the trademark examiner are quite commonplace, in connection with registration of a trademark/service mark in India or any other country. Any such objections are to be removed promptly through satisfying the issuer of these objections within the prescribed time-period, in order to expedite the processes of registration; otherwise, the application will be abandoned by the trademark office. In most of the cases, trademark objection can be overcome through punctual, intelligent, and responsible representation before the trademark examiner/registrar, and thus avert the burdensome task of attending a personal interview or hearing at the trademark office. Only after the appeasement of the raised objections, any application for trademark registration can be forwarded for publication in the Trade Marks Journal.

Replying to Trademark Examination Report or Objections

Generally, any filed application for trademark registration undergoes examination within six months to one year from the date of filing. However, now, the procedure for registration has become quite fast in India. Thus, in case of any objections raised by the trademark examiner, the applicant may expect to get the examination report any time after six months of filing the application for trademark registration with any zonal trademark registry office of India. For appeasement of objections, the concerned applicant is given a time-period of only one month, counted from the date of receipt/publication of the examination report. The paragraphs below elucidate on proper and perfect replying to trademark examination report or objections of the trademark examiner/registrar in India.

In general, the following have been the most common grounds for trademark objections:
  • Scarcity of Indubitable and Convincing Distinctiveness (Section 9 of the Trade Marks Act, 1999)
  • Partial to Objectionably Serious Similarities to any of the previously registered or currently Pending Trademarks/Service Marks in India (Section 11 of the Act)
  • Usage of the Geographical Name(s) or International Proprietary Name(s)
  • Use of some Offensive, Obscene, or Sacrilegious Word(s) or Image(s)
  • Deficiency of Supporting Documents
  • And, many other grounds stipulated in the Trade Marks Act of 1999, and all amendments made thereto so far.

To avail brilliant and brisk services of our veteran and expert trademark lawyers in connection with trademark objection, trademark opposition, or the complete procedure of trademark registration in India or abroad, please call over: +91-8800-100-281; or send relevant queries or problems to: Contact@TrademarksIndia.net .