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When you file an application for registering a trademark, you don’t get trademark registration right away. It takes a few months. Sometimes, an objection might be raised against your trademark during the trademark objection period, which is four months from the date of publication of the trademark application in the trademark journal.
So, what should you do if your application faces trademark objection? Don’t worry, it’s a normal thing when you apply for a trademark in India. In this blog post, we will explain to you what trademark objections are and how you can deal with them so that you can get your trademark registered in India successfully.
Trademark objection means a request for clarification or adjustment to a trademark application. A trademark objection may be issued by the Controller General of Patents Designs and Trademarks if they find any issues with the trademark application. It is important to note that the objection is just a request for clarification, and not a denial. Trademark objection can be cited either under Section 9 or Section 11 of the Trademarks Act, 1999.
If your trademark application is objected to, it implies some inconsistencies or potential conflicts with existing registered trademarks have been discovered by the trademark examiner.
The objection is issued by the trademark examiner in the form of an examination report. After this report is conveyed to you, you must respond to the objection within the prescribed time i.e., 30 days from the date of receiving the trademark examination report.
A trademark objection can be raised against a trademark application by a trademark examiner by citing various grounds. Some grounds for trademark objection include the following:
The trademark isn’t unique.
It is too generic.
The trademark doesn’t have a distinctive character
It conflicts with an existing registered or pending trademark.
It is descriptive of the product's quality/nature, rather than being a specific name.
The trademark contains images or words which are offensive or obscene in nature.
As mentioned earlier, you must respond to the trademark objections within the prescribed time. Based on the trademark objection reply, the trademark authority will decide whether your application must be accepted or rejected.
When you file a written reply, make sure it explains everything in a clear and concise manner. Your reply must include justifications, supporting evidence and facts, references to the relevant prevailing laws, prior rulings and mark differences, etc. Basically, your reply must include all the relevant evidence and information which supports your trademark application.
The trademark objection reply isn’t free. Individuals, start-ups and small business entities must pay Rs. 20,000 as the trademark objection reply fees. Large entities are required to pay Rs. 40,000 as reply fees.
If the Registrar rules against your reply, don’t worry, there’s still hope left. You can file an appeal to the Intellectual Property Appellate Board within three months of the date of the order.
Now, if you’re planning to write your trademark objection reply, you’ll need to write it in a certain format. You can use the trademark objection reply format provided below in case of objection under S. 11 of TMA 1999:
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To, Subject: Reply to Objection under S. 11 of the Trade Marks Act, 1999 Reference: Application No. (Insert Your Trademark Application Number) for Trademark (Insert Your Trademark Name Here) Respected Sir/Ma’am, This is in reference to the Examination Report dated (insert the date of report), wherein an objection has been raised under S. 11 of the Trade Marks Act, 1999. The objection indicates that the applied trademark, “(Add Your Trademark Name)” happens to be similar to an already existing registered trademark, "(Cited Trademark Name)" (Add Application/Registration No. Details of Cited Mark), and may cause confusion amongst the public. We humbly assert that the trademark "(Insert Your Trademark Name)," which has been applied for, is inherently unique and distinctive. Even while there might be some surface-level similarities, a close look at the marks' overall appearance, phonetics, and conceptual meaning will show notable differences. There is no chance that the two trademarks will be confused because of these distinctions. Additionally, the products and services covered by the cited trademark (Cited Goods/Services) and the applied trademark (Your Goods/Services) are different. There is a reduced chance of overlap because the type, function, and classification of products and services provided under the two trademarks target distinct market niches. To further ensure that there won't be any misunderstandings among the general public or in the trade, the applied trademark also targets a different consumer base and makes use of different trade channels. The registry may observe that it is not unusual for identical trademarks to coexist, particularly where the target markets and goods/services are different. In this case, the differences in the trademarks, coupled with the distinctions in their use, should allow for the registration of "(Your Trademark Name)" without any prejudice to the owner of the cited mark. In view of the aforementioned, we respectfully ask that the Registrar grant the trademark application "(Your Trademark Name)" permission to move forward with registration and reexamine the objection brought forth under Section 11 of the Trade Marks Act, 1999. If it is thought essential, we are still prepared to attend a hearing or offer more clarity regarding the trademark application. Thank you for your attention and kind consideration. Yours sincerely, (Your Designation) |
Note: This reply is general in nature. You must customize the reply based on specific details of the trademark objection raised and the trademark(s) involved.
To check whether any trademark objection has been made to the trademark application, you can follow the following steps:
Step 1: Visit the official website of Intellectual Property India.
Step 2: Click on the Trademark tab available on the homepage.
Step 3: Now, click on the Related Links bar present under the dropdown menu.
Step 4: Click on Trademark Status. Now, a new page will be displayed.
Step 5: Here, click on Trademark Application/Registered Mark.
Step 6: Now, enter your trademark application number and captcha. Then, click on view.
Step 7: Your complete trademark application along with the current status will appear. In case trademark objection has been raised, the same will be displayed.
Step 8: You can download the examination report using the examination report link available on the top right side of the mark.
By following the aforementioned steps, you can find out whether a trademark objection has been raised for your trademark application.
The trademark registration process may not always be necessarily smooth. Sometimes, a trademark objection may be raised against a trademark application. You can visit the official website of Intellectual Property India to know whether an objection has been raised. If an objection has been raised, you must give a trademark objection reply. If there’s still no solution, you can approach the Intellectual Property Appellate Board for help.
Want assistance in trademark registration in India? Connect with Registrationwala.
Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.
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