Trademark Objection

Trademark Objection

Trademark Examiners examine trademark applications after they have been filed and search for earlier marks that are identical or similar to the mark being examined. The trademark examiner's findings are summed up in the trademark examination report.

Use of Incorrect Trademark Form

The trademark examiner raises an objection if the trademark application is not in the proper form.

For certification marks for goods or services in a class, form TM-1 should be corrected to form TM-4 by filing a form TM-16 request.

An applicant can overcome this objection by filing a trademark correction request on form TM-16.

Incorrect Trademark Applicant Name:

If the trademark applicant's name is incorrect, the trademark examiner will raise the following objection:

According to the application, the names of all firm partners should be recorded by filing form TM-16.

The applicant can overcome an objection to an incorrect trademark applicant name by filing a trademark application correction request on form TM-16.

Failure to File Trademark Form TM-48

The Trademark Form TM-48 must accompany any trademark application filed on behalf of the applicant by a Trademark Attorney or Trademark Agent.

A Trademark Examiner would object if Form TM-48 is not attached or incorrectly executed:

A duly stamped Power of Attorney in favour of the agent should be filed if the application was submitted by someone other than the applicant.

To overcome an objection for an incorrect or failure to file Form TM-48, the applicant has to request that the trademark application be corrected by filing a request.

Incorrect Address on Trademark Application:

An objection can be raised if a trademark application does not mention the applicant's principal place of business or address for service in India:

The applicant's Principal Place of Business must be recorded by submitting form TM-16. It is necessary to record the applicant's Indian address for service by submitting form TM-16 since the applicant does not have a principal place of business in India.

To overcome an objection to an incorrect address, the applicant must file a trademark application correction request on form TM-16.

Vague Specification of Goods or Services:

Class xx has a very vague and wide specification of goods/services. Fill out form TM-16 with the exact items for which the trademark is sought to be registered.

Form TM-16 is used to request a correction to the trademark application if an objection is raised regarding the specification of goods or services.

Same or Similar Trademark Exists:

A trademark owner may object if the same or similar earlier trademarks of a different trademark owner appear on records for the same or similar description of goods or services:

According to Section 11(1) of the Trade Marks Act 1999, the trademark applied for registration cannot be registered since there are identical or similar marks on record regarding identical or similar descriptions of goods or services. There is a possibility of confusion among the public because of such identity or similarity.

The applicant can take corrective action by stating that trademarks cited as conflicting marks differ from the applicant's trademark.

Trademark Lacks Distinctive Character

Trademarks that cannot distinguish goods/services of one party from those of another are liable for refusal under absolute grounds for refusal. A trademark applicant can prove that he or she has acquired a distinctive character by prior use of the mark to overcome a fundamental ground for refusal.

Documents Required for Trademark Objection

Trademark objections require the following documents:

• Authorised Document
• Trademark Examination Report
• Proof of identification
• Proof of address

Process for Trademark Objection

Here is how trademark objections are handled:

• Track the status of your trademark application
• Examine the trademark objection
• Draft a reply
• Check and recheck the reply before filing
• Get feedback on the department's reply
• Your trademark will be published in the trademark journal if your reply is accepted.
• Upon rejection of your trademark reply, you will be required to attend the trademark hearing on behalf of your representative.

Why Vakilsearch

At Vakilsearch, we provide comprehensive solutions for trade mark objections. Services that we provide include:

• Information collection and process start
• Preparation of the application
• Making the necessary changes to the draft
• Application filing
• Vakilsearch offers comprehensive services relating to Trademark Objection. Please contact us for trademark objections to be removed from your application.