Once a trademark application is submitted, a Trademark Examiner goes through the application and makes a search for earlier trademarks, which looks identical or similar to the mark being examined. The findings of the Trademark Examiner are compiled as the trademark examination report. The Trademark Office can object to an application for a trademark for various reasons.
An objection is one of the primary stages in the trademark registration procedure. The objection can be filed either by the Examiner, Registrar, or some third party. The Examiner/ Registrar might file an objection under Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act on primarily two grounds –
The Reasons for Trademark Registration Objection
Trademark registration is possible. So it is necessary to submit the mandatory documents, provide correct information, and pay the required application fee. There can be many reasons for a Trademark Registration Objection that you should be aware of.
The two main reasons for trademark objection are discussed below:
In case, the facts relating to the principal place, applicant name, or some other information in the trademark application is not right then it comes under the scanner of objection. The examiner can raise trademark objection filing also incase the format is different from that for a trademark application.
Also in case, trade mark status is objected to if the trademark shows the incapability of marks to be modified or graphically mentions the earlier trademarks already registered. In case there are deceptive marks, lack of distinctiveness, the existence of an Identical Trademark, or false specifications of goods or services, it will result in trademark objection.
Once the objection is filed, the applicants are given notice mentioning the reasons for such objection. Once the objection is received, the applicant has to first draft a reply to the trademark objection with the relevant information and requested documents if any. He or she also needs to adhere to the essential steps.
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Below are the vital steps for your understanding:
Post the objection is receive5, the applicants have to analyze and study the objections carefully leaving no room for loopholes.
Once the objection is received, the applicants are supposed to reply for trademark objection. Also, they must give a proper answer with supporting rules and documents like -
The applicants have to give such replies along with supporting documents filed on Trademark e-filing portal online.
What to do when the online status of the Trademark Registration application says “objected”?
In case of trade mark status objected, the applicants can refer to the following ways:
A trademark registration objection filing needs you to stay extremely careful. You need to provide the required details, documents, and other demanded essentials within the specified time limit. You failing to provide response in the required manner on time can result in negative consequences.
We at Valcus make technical compliance certifications effortless and hassle-free for applicants like you. We also help prepare trademark objection reply letter in a professional manner.
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The trademark examination report of the objection over the trademark can be checked on the website of IPI India.
The trademark objection reply letter can be obtained. The trademark experts at Valcus can help draft and file a reply within 3 days of raising an objection which is received subject to the available documents.
The trademark objection will be raised by the examiner by asking questions about the criteria that are followed during registration while the opposition is done by a third party over the credibility of the trademark.
A trademark is objected to due to several reasons such as the documents filed or the fulfillment of the criteria that are mandated by the rules.
You can hire our professional team at Valcus to draft reply to trademark objection as they are proficient in their work.