A trademark creates an identity for the brand and distinguishes it from other products/services in the market. Once the trademark application is filed, it has to face the stringent scrutiny of the examiner. The submitted trademark registration application can be rejected by the trademark examiner. The rejection is called trademark objection. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability. He gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration. This is trademark objection reply.
There are two grounds on which trademark objection raised:- 1) Absolute grounds for refusal of registration (section 9); 2) Relative grounds for refusal of registration (section 11).
Absolute grounds for refusal of registration:- a)The trademark does not possess any distinctive character. b)The trademark tells the quality of the product it represents. c)The trademark is offensive to specific communities due to deliberate or mistaken intention.
Relative grounds for refusal of registration:- The trademark can cause confusion among public.
1. Deceptive Marks
Any trademark that is likely to spur confusion among the public or which misleads the public are deceptively similar mark. It can be about the product’s real source/ description between the related goods or services, its use, quality, and character.
2. Lack Distinctiveness
If a mark lacks distinctiveness, creates a dilemma and does not help the consumer in identifying goods or services will not get protection under trademark.
3. The existence of an Identical Trademark
When your mark is alike an already registered trademark an objection will be raised. There are plenty of trademark protection lessons to learn from famous brands where you find someone using the similar mark. The key is to avoid any confusion among the public.
4. False Specifications of goods or services
Filing a Trademark application under an incorrect class or a false description is wrong. This may lead to objections.
5. Offensive or obscene words as a part of or as a trademark
Any mark with obscene or offensive words or images as part of the trademark may face a refusal.
Reply of Trademark Objection:- After receiving the report, you have to provide the detail description of your mark with reasons that how your marks is different from others and have all valid requirements for registration. Time limit for TM Objection reply is within 30 days, after the given time mark can be abandoned. If the reply is accepted then the trademark is published and if not then it will go in matter of hearing.
Conclusion:- Maintaining and creating a brand is very crucial. Timely filling of trademark objection reply can save time, money and brand and failure to do so can abandonment of trademark application. However, Legal Litigator has a team of experts of Advocates and Trademark Agents to help you in fillings trademark objection reply in less time.
ALSO READ : Procedure For Registration Of Trade Mark