Trademark Objection

Understanding Trademark Objection in India - A Comprehensive Guide

Trademarks are essential for safeguarding a business’s intellectual property. In India, multiple trademarks are applied for each year, but not all of them get accepted. Some trademarks face objections and are consequently not registered. Trademark examiners search databases to identify older trademarks that may be identical or confusingly similar to the mark under consideration. The trademark examination report summarizes the examiner’s investigation results and provides reasons for the trademark objection process.

Documents Needed to File Trademark Objection Reply

To initiate the trademark objection process, the following documentation is required:

Report on authorized document

Identification documentation

Trademark examination report

Process for address verification in trademark opposition

Non-renewal of a trademark within six months leads to removal.

The Trademark Objection Process - Step by Step

Navigating the trademark objection process in India requires attention to detail and adherence to regulations. Here’s a step-by-step guide

Monitor the progress of your trademark application to be aware of any objections raised.
Thoroughly analyze the grounds of the trademark objection after receiving the notice.
File a well-prepared counter statement within the stipulated two-month period from receiving the notice.
If required, attend a hearing arranged by the registrar after submitting the trademark objection reply.
Provide supporting documents and evidence to substantiate your trademark objection.
In case the registrar rules in favor of the opposing party, you can appeal to the Intellectual Property Appellate Board (IPAB).
File the appeal within three months from the date of the order.

Common Reasons for Trademark Objection in India

Trademark objections may arise due to various reasons, including:

Incorrect Trademark Form

Filing the trademark application in an incorrect format can lead to objections.

Incorrect Applicant Name

Errors in the applicant's name must be corrected using Form TM-16.

Missing TM-48 Form

Failure to submit Form TM-48, with necessary attachments, can result in objections.

Incorrect Address

Providing an incorrect business address in Form TM-16 can lead to objections.

Unclear Goods or Services Description

The description of goods or services must be precise and clear on Form TM-16.

Similar Trademark Exists

If identical trademarks for comparable goods or services already exist, objections may arise.

Essential Forms and Process for Trademark Renewal in India

Renewing a trademark in India requires a well-defined process, submitting required forms and fees, to ensure legal protection and adherence to required steps.

Forms Required for Trademark Renewal

Notice from the Registrar of Trademarks: The Department of the Registrar of Trademarks sends a formal notice six months before the renewal deadline, reminding and calling for the owner to initiate the renewal process.
Trademark Renewal Application: TA trademark owner or authorized user must submit a renewal application to extend the trademark's validity, ensuring accurate completion and submission within the specified time frame..

Renewal Deadline and Restoration

Failure to renew a trademark within the required timeframe can result in its removal from the Register of Trademarks. However, restoration can reinstate the trademark by submitting a restoration application and fees.
Trademark restoration can be reinstated after six months from registration expiration, but not later than one year. This allows owners to rectify oversight and restore legal protection.

Eligibility Criteria for Trademark Objection

Trademark objections in India are subject to specific eligibility criteria that must be met. Here are the common criteria to consider:

Similarity

To raise a trademark objection, the mark in question should bear similarity or be identical to an existing trademark within the same class or category of goods or services. This ensures that consumers are not confused between different trademarks.

Confusion

The use of the trademark in question must have the potential to cause confusion among consumers or lead to mistaken identity with an already existing trademark. This criterion aims to protect consumers from being misled.

Descriptiveness

Trademarks that merely describe the goods or services they represent may face objections. Such descriptive marks are not eligible for trademark protection in India.

Offensive

If the trademark in question is offensive or derogatory towards a particular community or group of people, it may be subject to objections to maintain social sensitivity and respect.

Deceptive

Trademarks that mislead or deceive consumers about the quality, origin, or source of goods or services could encounter objections. The objective is to ensure transparency and authenticity in branding.

Meeting these eligibility criteria is essential for successfully raising a trademark objection in India and safeguarding the rights and interests of consumers and businesses alike.

How to Respond to Trademark Objection

If you receive a trademark objection, follow these steps to respond effectively:

Review the Objection Notice

Thoroughly understand the grounds of the objection and identify areas for improvement.

Collect Evidence

Gather relevant evidence and documents that support your trademark application.

Prepare a Response

Draft a comprehensive response addressing all issues raised in the objection notice.

Submit the Response:

File the response with the trademark office within the specified time limit to avoid application abandonment.

Follow up

Keep track of further communications from the trademark office and be prepared for additional modifications if needed.

Why Choose Fincto?

Fincto provides a streamlined, completely online solution for private limited company registration, which includes:

DIN and DSC for two Directors
Drafting of MoA & AoA
Registration fees and stamp duty
Incorporation certificate (COI)
Company PAN and TAN
Zero balance current account
GST Registration
EPF & ESIC Registration

Trust Fincto to simplify your business formation process, enabling a seamless transition from idea to a legally recognized entity. Get ready for a well-informed, growth-oriented entrepreneurial journey with Fincto.

_Testimonials

Customer feedbacks

There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form,