Drop us a line to say Hi.
How does it work?
Clerk® Trademark Advisor will get in touch with you.
Clerk® will Prepare the TRADEMARK RECEIPT and POWER OF ATTORNEY.
Sign and send back the documents.
Clerk® will file your Trademark Objection reply after which you can start to use TM.
Know the Basics
What is trademark objection?
Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability.
Documents Required for Objection Filing
How to reply Trademark objection?
A reply to the Trademark objection must be sent to the Trademark Registrar within 1 month receiving the report. If no Trademark objection reply is filed, the Registrar has the option to abandon the Trademark application altogether.
There are two ways to address this situation:
1. Trademark reply: Trademark objection appears in the examination of your trademark application analysis. You have to reply to this objection in a written format. A trademark attorney can help you file a trademark reply particularly addressing the trademark objection.
2. Trademark hearing: This way comes after the trademark reply has been unsuccessful. In trademark hearing, instead of writing your issues, you are going to have to verbally present your case in front of the trademark registrar.
What do you get
Reasons for trademark objection
The Trademark Examiner scrutinizes the trademark application to make sure the application isn’t at odds with any trademark rules. A trademark application can face objection for any of the following reasons:
FILING OF INCORRECT TRADEMARK FORM
If the application is not filed on the correct form an objection would be raised by the examiner. For example, it is Form TM-4 for registration of collective marks for goods and services in any one class. Form TM-51 for registration of a trademark under different classes of goods and services.
INCORRECT TRADEMARK APPLICANT NAME
Trademark has to be filed on the true name of the applicant and double-checked for the right spellings.
USAGE OF DECEPTIVE AND OFFENSIVE TERMS:
Trademark names that include deceptive terms or that which try to deceive or mislead the customers with false descriptions of the material will be rejected. For instance, an entity branded “Vanilla chocolates” sells chocolate flavors that may be deemed deceptive. At the same time, applications registering for trademarks containing offensive terms will be rejected.
INSUFFICIENT INFORMATION ON GOODS/SERVICES:
When the trademark application fails to mention in brief the products and services of the business, it is highly likely the Trademark Examiner may reject the application due to the vague information.
EXISTENCE OF AN IDENTICAL MARK:
The intended trademark must not be similar to any mark that is already been existing in the industry. The Trademark Examiner can raise objections under the Trademarks Act stating it may create confusion among the masses.
Start your Business
Clerk® India is obsessed with helping startup founders get government compliances right. Get your paperwork out of the way so you can get back to building your startup.