Trademark Objection

Trademark Objection

In today's fast-paced business world, organizations must set themselves apart from their competition. One effective tool that businesses can use to do this is a trademark. 

Any problems or worries that are found are brought to your notice. For the registration of your brand name to go without a hitch, these issues must be resolved as soon as possible. This Article by Lawgical Adda discusses what should happen if a trademark is objected.

What is a trademark?

Firms and corporations utilise trademarks, patterns, or specific language to designate their goods as their own, making them stand out from the competition. The consumer(s) will find it easier to recognize the brand, quality, and even the product's origin thanks to these graphics or words. 

Consequently, these businesses' use of marks in the course of their business is referred to as trademarking.  Trademarks in India are protected from infringement by applicable law(s) as they are recognized as intellectual property.

What is Trademark Objection?

A trademark application is subjected to a thorough review when it is submitted to the Indian Trademark Office, as was previously described.  During this examination, the examining officer will object if they find discrepancies or possible conflicts with already-registered trademarks. 

When a trademark appears with the status "objected" on the Indian Trademark Registry website, it means that the trademark examiner has objected to the examination report. The Registrar may object to a trademark application after reviewing it in accordance with the guidelines provided in Sections 9 and 11 of the Trade Marks Act.

It's critical to realise that an objection is a request for explanation or correction rather than a refusal. A seamless trademark registration procedure is ensured by taking swift and efficient action on this.

Section 11 

According to Section 11 of the Trademark Act of 1999, a proposed trademark may give rise to relevant grounds for objection when it is confusing to consumers and similar to an existing registered brand.

The Trademark Act of 1999, Section 11, lists the pertinent grounds for complaint. These unacceptable justifications consist of the following:

1. Similarity to an existing trademark: If a proposed trademark is confusingly similar to, or identical to, an existing trademark used in connection with the same goods or services, it may not be registered.
2. Similarity to a well-known trademark: Registration may be denied even if the proposed trademark is not confusingly similar to or identical to another well-known trademark.
3. Confusingly similar to a previous pending application: Registration may be denied if the proposed trademark bears a striking resemblance to a trademark that is the focus of an earlier pending application.
4. Reliability to a well-known brand: Registration may be refused even if the intended trademark is not the same as one that is now well-known in India.

Section 9

This section focuses on trademarks that could be deceptive, excessively blatant, or lacking in unique character.

1. Descriptive Terms: Because a trademark for juice products like "FreshJuice" plainly defines the product, it may be challenged.
2. Lack of Distinctiveness: Trying to trademark a straightforward geometric pattern, such as a square, for furniture may be criticized for not having a distinct personality.
3. Deceptive or Misleading: Companies who misrepresent their goods may encounter criticism since they could be misleading customers.

Extension of the Deadline to Submit a Trademark Objection

The application will be considered abandoned if no response is received within 30 days of the report. When it comes to submitting an objection reply, time is of the essence. Under certain conditions, you might need more time to submit your objection reply. To request an extension of time to submit your objection reply, you must apply to the Trademark Registrar. This application should have the following information:

1. The reason(s) for requesting the postponement.
2. For what duration is the extension being requested?
3. Any further information or proof of support for the request you have made?

Your request for an extension may be approved or denied by the Registrar. Because of this, you must submit your application on time and provide a valid justification for your request. If a different trademark agency is to be used for sending the reply to the examination report, then a new Power of Attorney is also required. Once the submission is finished, a formal response to any objections is required.

How does one address an objection?

The applicant will receive appropriate notice of the objection and its grounds as soon as it is lodged.

1. Filing a counterstatement to the objection is the first action that needs to be done.
2. Within two months of receiving the notice of objection, this needs to be completed.
3. If no objection is submitted within two months, the application will be marked as abandoned. 
4. Following the filing of the counter, the Registrar may schedule a hearing; if he finds in the applicant's favour, the trademark will be registered. 
5. Should he decide in the other party's favour, the trademark will be struck from the Journal and the registration application will be denied.

To prevent the trademark application from being abandoned, which would cost money and effort, damage the company's reputation, and raise the possibility of trademark infringement, refrain from responding to objections within the designated time limit.  Our knowledgeable staff at Lawgical Adda is skilled in managing the subtleties of trademark objections, so you can be sure that your answers to examination reports are thorough.