TRADEMARK OBJECTION FILING
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TRADEMARK EXAMINATION AND OBJECTION
Once the Vienna Codification process is completed, the trademark registration application is assigned to an officer at the Trademark Registrar’s office. The officer conducts a detailed evaluation of the application to ensure its accuracy and compliance with the necessary standards. Following this assessment, a trademark examination report is generated. Based on the findings in this report, the application may be accepted, approved for publication in the Trademark Journal, or flagged with objections.
In case of objections, the applicant has the opportunity to respond and present clarifications to the Trademark Officer. If the justifications provided are deemed satisfactory, the trademark application will proceed to publication in the Trademark Journal.
Possible Grounds for Trademark Objections
The Indian Trademark Office may object to a trademark application under specific provisions of Section 9 and Section 11 of the Indian Trademarks Act. Below are the common grounds for objections:
Objections Under Section 11:
These objections relate to similarities with existing trademarks, including:
- Identical Marks: For example, applying for “Starbucks” for coffee etc. when the same name already exists in the category may lead to objection.
- Similar Sound: A trademark like “Stadarbuksh” may face objection if a similar-sounding trademark, such as “Starbucks”.
- Similar Concept: Names such as “TechSolution” could be objected to if they overlap in concept with existing trademarks like “TechExpert.”
Objections Under Section 9:
This section highlights objections based on the lack of distinctiveness, misleading characteristics, or descriptive nature of the trademark:
- Descriptive Terms: For instance, a name like “Fresh Apples” for apple products could be objected to as it directly describes the product.
- Lack of Uniqueness: Common symbols or generic terms, such as using a plain triangle as a trademark for a tech brand, might not meet the distinctiveness criteria.
- Misleading Terms: Trademarks like “Natural Glow” for skincare products containing synthetic ingredients could face objection for potentially misleading consumers.
Steps to Respond to Trademark Objections
When a trademark objection is raised, the applicant is notified and required to respond within 30 days of receiving the notice. A robust and well-drafted response can resolve the objection and move the application forward. If the response does not satisfy the requirements, the trademark application may be rejected. In such cases, the applicant retains the right to appeal to the Intellectual Property Appellate Board (IPAB).
WHY CHOOSE FILING RAASTA ?
At FilingRaasta, we know how stressful it can be to receive a Trademark Objection notice from the Trademark Registry. But instead of seeing it as a setback, think of it as an opportunity to strengthen your brand’s legal standing. Our team of trademark experts ensures that your reply to an objection is drafted with precision, backed by legal research, and aligned with the requirements of the Intellectual Property Office. We analyze the grounds of objection thoroughly—whether it’s due to similarity with an existing mark, lack of distinctiveness, or procedural errors—and prepare a strong, well-structured Trademark Objection Reply to protect your brand. With our guidance, you can avoid unnecessary delays, reduce the risk of rejection, and increase the chances of successful registration. By choosing FilingRaasta, you benefit from expert legal consultation, timely filing, cost-effective services, and lifetime free guidance, ensuring that your brand remains secure in the marketplace. Our mission is to make the process smooth, transparent, and stress-free, so you can focus on your business while we handle the complexities of trademark law.
Disclaimer: The information above is intended only for general awareness and does not constitute legal advice. Trademark objections vary based on individual circumstances, and we strongly recommend consulting FilingRaasta’s experts for personalized advice and case-specific solutions.