Trademark is basically a symbol or words that are used to distinguish your product from the products launched by your competitors. When you get your trademark registered you can legally say that the said trademark is restricted for use by your own company and others cannot use the same on their products. By doing this you protect your brand and your logo by making it illegal for others to use it. For e.g., the logo of KFC and their slogan ‘finger lickin good’ is trademarked by the company and no other company or individual has the authority to use it. However, the application for registration of a trademark can be objected to for various reasons. We will explore some of them in this article.
HOW TO REGISTER FOR A TRADEMARK?
1. Trademark search: before registering for a trademark, the entrepreneur has to conduct a search of the trademark database so as to avoid selecting a trademark which has been already registered or one that is similar to the same .
2. Trademark filling: the application for the registration of the trademark can be filled at one of the five trademark registrar offices or online along with the fees. Trademark applications can be filled at companyvakil.com or via an agent or a lawyer.
3. Trademark application allotment: a trademark application allotment number is provided in two or three working days.
4. Vienna codification: after the filing of the trademark application , the trademark register will apply for the Vienna classification.
5. Trademark examination: once the Vienna classification is complete, the allotted trademark officer will review the trademark application and issue an examination report. If the trademark registration is objected to by the trademark officer, the applicant has to appear before the trademark office and address the issues.
6. Trademark journal publication: the proposed trademark is published in the Trademark journal once accepted by the trademark registrar.
REASONS FOR TRADEMARK OBJECTION:
The following are the main reasons why your trademark has been objected:
1. Incorrect trademark form: it is mandatory to make the trademark on form TM-4. If this is not the case then objections can be raised.
2. Applicant name is wrong: it is required that the applicant name should be precise on the form. If not entered properly the application will be objected.
3. Not filing trademark form TM-48: the TM-48 form must be attached along with the application. If it is not attached or executed incorrectly the examiner will raise objections.
4. Wrong address on the trademark application: it is of the utmost importance to mention the principal place of business of the applicant.
5. Improper or vague specification of goods or services: if the specification of the goods or services isn’t done precisely or if there are a large variety of goods and services in a certain class, objections can be raised.
6. Similar or same trademark already exists: if the trademark that you want to register is already registered by another owner or is similar to it, objections can be raised.
TRADEMARK OBJECTION REPORT:
The trademark report is available on ipindia.nic.in. The application ID is required to access the same.
TRADEMARK OBJECTION REPLY:
As mentioned earlier, if there is an objection to the trademark the applicant has the liberty to acknowledge the issue in the trademark registration office. The applicant has to file a response to the objections that have been raised in the examination report which is uploaded online. This needs to be done within 30 days of the report being issued.
If the objections were raised on the grounds of the trademark being too similar, the applicant can explain the difference in the trademarks. He can also obtain a letter of consent from the owner.
The applicant can file a request to correct the class if the objections were raised because of the wrong classification of class Similarly, if the objection is because of the lack of distinctiveness, the applicant can file a response giving evidence of the same.
For more help on the subject of trademark registrations objection and filling a reply for the same visit companyvakil.com
Companyvakil uses modern technology for making the process of registrations easier for you. They offer an entire range of services that you might require for keeping your intellectual property safe at minimal fees. We comprise of a team of dedicated lawyers and CAs which will help you in every step of the registration services. We take a pride of 100% customer satisfaction and offer money back guarantee if our services are not up to your expectations