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Trademark Objection

What is Trademark Objection?

A trademark objection arises when a trademark application does not comply with registration laws or fails to meet the requirements for registration. In India, the Registrar of Trademarks raises this objection during the application’s examination and it is part of the examining process to identify that the trademark application is not refusing the guidelines of Indian Trademark Registration. Our company is here to help you navigate and resolve this important issue.

Reason Why Trademark Comes Under The Objection

Several reasons can lead to a trademark objection, and some common reasons are:

Similar to Existing mark: If the Trademark is proposing a similar or identical trademark to an already existing mark then it can create confusion for a consumer about the original goods and services. Example:”iePhone” may face the objection because the “iPhone” is already registered and “iePhone” sounds similar to “iPhone”.
Descriptive and Generic Marks: A trademark cannot directly describe the product, service, or its qualities. It must be capable of distinguishing the product or service from those offered by other entities. For example, names like “SuperShoe” or “PureWater” could face objections because they directly describe the product and are commonly used.
Lack of Distinctiveness: Terms that are non-distinctive or less distinctive do not effectively convey the meaning of products or services, as they are commonly used and lack unique identification. For example, words like “Nice” and “Best” are often used and do not hold specific meanings, which may lead to a failure in establishing a distinctive identity.
Misleading marks, offensive language, prohibited symbols, and excessive special characters can all lead to trademark objections. There are various other reasons that could also cause objections.

Different Trademark Objection

There are several trademark objections that need to be addressed during the trademark registration process, regardless of the trademark itself.

Incomplete Application
Misclassification
Incorrect power of attorney
Lack of declaration
Incomplete or incorrect information on the application
Wrong Trademark Representation

Process of Response to Trademark Objection

Mandatory Documents

Examination Report: The Report issued by the trademark trademark registrar detailing the objections
Reply to the objection: A well-drafted response addressing the objection and including the legal arguments and explanation.
Authorization Document (Power of Attorney): If filed through an agent or attorney (Form TM – 48) authorise them to act on your behalf.

Supporting Documents

Proof of trademark Use: Proof of trademark use shows active commercial use through packaging, ads, invoices, or websites.
Affidavit of use: An Affidavit of Use confirms active trademark usage with evidence, ensuring legal protection and renewal.

If the objection is related to a similarity

Comparison report: A Trademark Objection Comparison Report analyzes similarities and differences between an applied trademark and existing ones, helping justify its approval.
Evidence of Co-existence: Evidence of Co-Existence proves similar trademarks operate without confusion through agreements, ads, and market data.

If the Trademark Includes Unique Terms or Design

Authorization for Specific Words or Terms
Design Copyright Certificate

If Claiming Prior Use

Old invoices and contracts
Trademark registration in another country (if applicable)

If the Objection Relates to Incorrect Classification

Explanation Letter

Optional Documents

Business registration Proof
Market Surveys or Customer Testimonials
Trademark Search Report

Timeline: Submit a Reply within 30 days of receiving the examination report