Trademark Objection

TRADEMARK OBJECTION IN INDIA

A Trademark distinguishes the goods of a manufacturer or trader from similar goods of others and therefore, it seeks to protect the interest of the trader as well as the consumer.

Registration of a trademark is initiated by filing an application with the Registrar of Trademarks.

The Registrar would then process the application and issue an Examination Report.

The registrar can approve or raise objections regarding to the Trademark if he finds necessary to do so. The points as to why the trademark cannot be registered are set out are contained in the objection.

Matters in which an objection for registration of a trademark is raised by the registrar, the applicant has an opportunity to submit a written reply for the objection raised. The objections are mentioned in the Trademarks examination Report.

The reply to the Trademark Examination Report must contain reasons, answers to the objections raised, and relevant case laws, supporting documents, facts and evidences as to why the mark should be registered in favour of the applicant along with supporting evidence, if any.

If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

It is always advisable to hire a professional for drafting a reply in case of objections as they are expertise with relevant trademark laws and case laws that are pertinent to file the reply efficiently. Reply your trademark objections from all  in India.

WHAT IS TRADEMARK STATUS OBJECTED IN INDIA ?

Sometimes, due to various reasons like similarity in the logo or mark, any discrepancy in the use of the mark, the trademarks Registrar can raise objections.

Objections are only raised when the application is analysed and researched thoroughly. The points as to why the trademark cannot be registered are set out in the form of objections.

A response to the objections raised must be filed in writing within one month of the publication of examination report. This reply is known as trademark examination reply.

The objection needs to be considered seriously and a reply must be filed by the owner strictly within the stipulated period. Failure to do so shall result in cancellation of registration of the trademark.

Proper clarification via Trademark Objection Reply along with evidence is needed to be provided to the registrar in case of any discrepancies.

If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

VARIOUS REASONS FOR TRADEMARK OBJECTED IN INDIA

A Trademark Objection is raised by the Examiner via an examination report in case of an applied Trademark which is violating any of the Trademark Rules. A TM Objection can take place due to the Following reasons :-

• Incorrect Name of the Trademark Applicant :-

If the Trademark applicant’s name mentioned while filing the TM Application has some clerical error then it can be rectified by filing a TM-M Form where the Applicant or the concerned attorney on his/her behalf would be making a request under to the learned examiner to rectify the clerical error and correct the Applicant’s name.

• Discrepancies in Formality Check of a Trademark :-

A Trademark has to go through various stages before examination and the first major check that takes place is called Formality Check, either a Trademark gets a status Formality Check Pass and it moves to the Examination stage or it gets a status Formality Check Fail (FCF). In case there is a Formality Check Fail (FCF), it is basically a Pre- Examination check which the Trademark Department has put on the TM Application. An apt and appropriate reply like in case of Trademark Objection has to be filed in a matter of Formality Check Fail, generally with a requisite fee under TM-M form. Company Vakil Experts are always there to help their clients get any FCF status Removed

• Authorisation letter not filed under TM-48 Form :-

As it is advisable to file a Trademark Application with help of a Trademark Attorney, so choosing the right attorney for the job is highly important and advisable because there are many instances, where a Trademark Attorney & Agent doesn’t enclose an Authorization Letter along with the Trademark Application, this might happen due to the attorney’s carelessness or maybe to lure in more money from their client by getting their Trademark Objections removed when it should not have been their in the first place. At company Vakil we take utmost care of your Trademarks and highly condemn such practices and guide our clients to go for a proper Documentation check before filing an application.

• Trademark Application filed under the Wrong Trademark Form :-

A TM has to be filed under its relevant TM Form i.e TM-A form for almost every Indian TM Application and in cases of series mark or certification mark for the relevant Trademark Class and if there are certain clerical errors and form errors are made we need to file TM-M Form immediately to request the concerned Registry form making the required changes and accepting the correct form for Application, if a wrong Application form is filed it results into a Formality Check Fail i.e. an FCF or a Trademark Objection and the same needs to be handled carefully by the concerned attorney. At Company Vakil we give utmost importance to the Application filing part, so that any future Objections in this regard can be avoided.

• Incorrect Specifications of the goods and Services :-

While filing a TM Application, most important part of the whole application is to give relevant and correct Goods and Services Description and Specification, this has to be very well written crisp and to the point in consensus with the terminologies to be used in that specific Trademark Class, if the Description is not right as per the exact Legal Standards, Trademark Examiner will call for a Trademark Objection over the same. At Company vakil we tend to avoid such discrepancies as our Trademark Attorneys do a thorough research of your Brand with Exact specification and then file the Application and we even help you remove such objections in case any other attorney or agent has made the same in your Application. So feel free to reach us in case of Trademark Status Objected for your Application.

• Similarity with another Trademark :-

Trademark Similarity is one of the most common but major Trademark Objection in India and internationally, it is very clearly under section 11 (i) of the Trademark Act, in simple terms it is called as a Section 11 Trademark Objection on an Application. This arises in case the Applicant’s TM is similar or identical to someone else’s mark already applied or registered under the act. Company Vakil Attorney’s are well trained professionals from major Law school and our Trademark Experts make sure that first the objections are avoided and even if it arises it should be easily handled via an apt and befitting reply to the Objection, for a befitting Trademark Objection Reply you are most welcome to consult and hire Company Vakil Experts.

• No distinctive Character for the applied Trademark :-

This basically means that the Applicant’s Trademark is not able to distinguish the Goods and Services offered by them with that of the other Applicant and that leads to an objection under Section 9 from the Examiner. An elaborate Trademark Objection Reply has to be filed in this regard, with relevant case laws and precedents to show the credibility and distinctive character of the Applied mark. Company Vakil Experts helps you draft a customized and appropriate Trademark Objection Reply under Section 9 of the Trademark Act.

• Deceptive Trademark Application :-

If an Examiner feels that the Trademark is deceptive in nature an Objection under Section 9 can be raised, i.e. the Trademark can be considered or perceived as deceiving to the general public via its nature, quality or the way its used. A very extensive and befitting reply with a sales turnover affidavit and evidences to show the credibility of the mark has to be submitted with the Trademark Registry and then the examiner would clear off the same objection. For detailed discussion over the Trademark Objection reply you can consult Company Vakil experts and we will help you draft and submit the same on your behalf

• User Affidavit not attached :-

A User Affidavit is one of the most important Documents to be submitted with the Trademark Registry, as it help the applicant in claiming any prior date of usage to their Trademark. If the mark is being used from any date before application then this Affidavit has to be furnished, but if its not it will lead to an Objection on the Trademark as it’s a mandatory document for claiming the date of prior use. Company Vakil Experts help you draft your User Affidavit at the very inception of the Trademark filing and also helps you draft the same in case the applicant or their previous attorneys tend to be careless in this regard, and forgets the same. So here at company vakil we help the applicants rectify them and file an exact and apt Trademark Objection reply.

WHY RESPOND TO A TRADEMARK OBJECTION ONLINE REPLY

Once the registration status of the trademark shows “ objected ,” the next step to be taken by the applicant is to obtain the examination report and respond to the same, elucidating how the objections are not tenable

A response to the objections raised must be filed in writing within one month of the publication of examination report.

Failure to file a reply to the objections raised may result in cancellation of registration of the trademark.

So, the answers to the objections raised are to be framed with sufficient and relevant case laws and expertise.

The process of overcoming objections is quite crucial for registration of a trademark. Hence it is of vital importance that the response to the objections is clear and thus establishing the distinctiveness of the mark, thereby showing that it is fit to be registered.

A good examination reply negates the chances of hearing and hence helps in accelerating the trademark registration process.

Responding an objection for the registration also ensures your brand and image protection in the market facilitating recognition from the customers who have already been used to the brand.

PROCEDURE FOR TRADEMARK OBJECTION REPLY ONLINE FILING

• The primary step involves studying carefully and analyzing of the objections raised by the registrar. Any mistake or ambiguity as to understanding the objection raised may lead to wrong filing of trademark objection reply.
• The second step is to prepare a trademark objection reply. This includes drafting of the reply. The reply must contain :
  1. An answer to the objections raised. Relevant case laws Supporting documents to prove inherent or acquired distinctiveness.
  2. An affidavit of Usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage.
  3. It is crucial that the response to the objections is clear and thus establishing the distinctiveness of the mark, thereby showing that it is fit to be registered.
  4. Drafting of reply needs proper expertise and knowledge so it is advisable to hire an expert attorney for the same.

• Once, the reply is drafted it needs to be filed online on the portal of trademarks registration site.
• If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

TRADEMARK OBJECTION FEE IN INDIA

• A well drafted reply for trademark objection can be filed through company vakil`s competent professional team at a very reasonable cost.
• In certain cases there might be No Government Fees involved or
• At times there might be some amount of Government fee involved via filing of TM-M form along with the Trademark Objection reply online.