Trademark Objection
Trademark Objection
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Trademark Objection:
A trademark objection occurs when an examiner from the trademark office reviews a trademark application and finds that the application does not meet the requirements for registration. The examiner will issue an objection letter to the applicant, outlining the reasons for the objection and giving the applicant a chance to respond.
There are several reasons why a trademark application may be objected to, including:
Similarity to existing trademarks: If the trademark is too similar to an existing trademark, the examiner may object on the grounds that it could cause confusion among consumers.
Descriptiveness: If the trademark is too descriptive of the goods or services it represents, the examiner may object on the grounds that it does not function as a distinctive identifier.
Misleading or deceptive: If the trademark is likely to mislead or deceive consumers, the examiner may object on the grounds that it is not suitable for registration.
Non-distinctive: If the trademark is not sufficiently distinctive, the examiner may object on the grounds that it is not capable of distinguishing the goods or services of the applicant from those of other traders.
If you receive a trademark objection, it is important to respond promptly and carefully. Your response should address the reasons for the objection and provide evidence or arguments to support your case. You may also need to amend your application or provide additional information to satisfy the examiner’s concerns.
ObjectionCorrective ActionUse of Incorrect Trademark FormRequest to correct the trademark application by filing a request on form TM-16Incorrect Trademark Applicant NameRequest to correct the trademark application by filing a request on form TM-16Failure to File Trademark Form TM-48Request to correct the trademark application by filing a request on form TM-16Incorrect Address on Trademark ApplicationRequest to correct the trademark application by filing a request on form TM-16Vague Specification of Goods or ServicesRequest to correct the trademark application by filing a request on form TM-16Same or Similar Trademark ExistsSubmit a reply to the trademark examination report, stating that the trademarks cited are differentTrademark Lacks Distinctive CharacterSubmit evidence or arguments to prove the trademark’s distinctive character along with form TM-16 response
Trademark Objection FAQ’s
What is Trademark Objection and how does it work? Answer: Trademark Objection is a process where an examiner may raise questions over the compliance of a trademark with the regulations. The applicant is required to respond within 30 days.
What is the difference between Trademark Objection and Trademark Opposition? Answer: Trademark Objection is raised by an examiner over compliance issues, whereas Trademark Opposition is raised by a third party over the credibility of the trademark.
What are the various grounds available for Trademark Objection? Answer: Trademark Objection can be raised on absolute and relative grounds.
When does a trademark get Objection? Answer: A trademark may get objected due to many reasons, such as non-compliance with mandated criteria or incorrect filing of documents.
Where can I find the Trademark Objection report? Answer: The Trademark Objection report can be found on the website of IPI India.
How much time does it take to reply to a Trademark Objection? Answer: Trademark experts draft and file a reply within 3 days of receiving an objection, subject to the available documents.
What happens if the trademark reply fails to satisfy the trademark office? Answer: If the reply does not match the criteria, the trademark application will be rejected.
What should I do if my trademark registration is rejected? Answer: You can approach the Intellectual Property Appellate Board if your trademark registration is rejected.
Is there a government fee for filing a reply to the trademark examination report? Answer: No, there is no government fee for filing a reply.
Do I need to be physically present during the trademark objection procedure? Answer: No, you do not need to be physically present. IndiaFilings can help you draft a reply for the trademark objection.