Trademark objection
Trademark objection is a procedural step in the trademark registration process. When a trademark application is filed, the registrar or a third party may raise an objection if they find issues with the mark’s eligibility. Objections typically occur if the trademark resembles an existing mark, is too generic, or violates established trademark laws.
Reasons for Trademark Objection
- Similarity with Existing Trademarks: If the proposed mark resembles an already registered trademark, it may be objected to prevent consumer confusion.
- Non-Distinctiveness: Marks that are too generic or descriptive without unique characteristics may be challenged.
- Deceptive or Misleading Marks: Marks that may mislead the public regarding the nature, quality, or geographical origin of goods/services are not allowed.
- Offensive Content: Marks containing prohibited or obscene content will be objected to.
- Prohibited Terms: Use of terms like “National” or “India” that may imply a government association is typically objected to unless special permission is granted.
TApplicable Law and Regulations
The Trademarks Act, 1999, governs the trademark objection process, along with the Trademarks Rules, 2017. Sections 9 and 11 of the Act focus on grounds for refusal, detailing distinctiveness and deceptiveness criteria.
Steps to Handle Trademark Objection
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Step 1
Review the Examination Report
This report, issued by the trademark examiner, details the reason(s) for the objection.
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Step 2
Draft a Reply
Submit a response to the objection with justifications, explanations, and any additional evidence that can help clarify or support the application.
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Step 3
Evidence Submission
If required, provide proof of usage, sales, and other records showing the mark’s distinctiveness or popularity (for marks claiming prior usage).
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Step 4
Attend a Hearing
If the response does not resolve the objection, the Registrar may call for a hearing where arguments can be presented directly.
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Step 5
Outcome and Publication
If the objection is successfully overcome, the mark will proceed to the Trademark Journal for publication, allowing for further public objections within four months before final registration.
Timeline
- Initial Objection Review: Typically takes 3-6 months from the date of application.
- Response Submission: A response should ideally be submitted within 30 days of receiving the objection notice.
- Resolution Timeline: Total time varies; it may take between 6-18 months based on the complexity and additional hearings, if any.
Example of Handling a Trademark Objection
- Scenario: A company, “NaturePure,” applies to trademark its logo. The examiner raises an objection, noting that “NaturePure” is similar to an existing mark, “NaturPure.”
- Response: The company submits a response arguing that the design and font styles differ significantly, and they provide evidence showing distinct market presence and public association with their unique mark.
Consequences of Not Responding
If the applicant fails to respond to the trademark objection within the specified time, the application is deemed abandoned, and the applicant loses rights over that specific trademark application.
FAQ
Frequently Asked Questions
These FAQs cover essential details like eligibility, required documents, process steps, and benefits. It helps clarify common queries about setup, compliance, costs, and timelines.
For expert assistance with filing a trademark objection reply or handling hearings, YathraFin provides comprehensive support to navigate and streamline the objection process, helping protect your brand identity with ease and compliance