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After applying for Trademark Registration of any product, the registrar provides an Examination Report after examining the application. On the basis of the Examination Report the trademark application could either be allowed to be published in the newspaper before the registration or an objection could be raised by the Registrar on the application for certain reasons.
In case of an objection being raised by the Registrar, the applicant is required to submit a reply within 30 days from the date of objection raised, explaining the reason for registration of the particular trademark. In case of non-filing of reply, the Registrar may abandon the application.
Reasons for Trademark Objection
- Incorrect filing
Filing by the applicant in the wrong form or wrong format raises a ground for an objection by the examiner.
- Incorrect name of the applicant/ any other information
Incorrect information such as name, age, principal place etc. in the form of an applicant also gives rise to an objection by the examiner. It must contain all the names of the partners and in order to correct, it must be filed through form TM-16.
- Lacks distinctive character
The trademark shall not lack any distinctive character so as to get it registered In case the trademark is not distinct from others, the examiner may raise an objection.
- Incorrect address of the applicant
The examiner raises an objection if the address of the applicant or the address of the place of business is incorrect in the application. The applicant can get an objection removed for incorrect address by requesting to correct trademark application by filing a request through form TM -16.
- Deceptively similar in nature, use etc.
The trademark of the goods/services shall not be deceptively similar in nature, use etc. as it may cause consumer confusion and lack the uniqueness, which gives right to the examiner to raise an objection.
- Usage of obscene/offensive words or marks
The examiner may immediately refuse for the registration if the mark is obscene or contains any offensive words which may harm the public.
- Draft Reply: Copy of reply to the trademark objection
- Consultation with our Trademark expert
- Trademark Application Acknowledgement
- Power of Attorney/ Vakalatnama
- Identity proof
- Address proof
A. An Examination Report is a report submitted by the registration officer on the examination of the application submitted by the applicant or person authorized by him for the registration of the trademark. In accordance to it, the applicant is required a file a reply citing the reasons and supporting evidences for the same.
A. The applicant himself/herself or any person authorized on his/her behalf can file a reply.
A. Some of the grounds for objection of trademark are: 1. Lack of uniqueness of the mark 2. Usage of obscene or offensive words 3. Lack of distinctive character 4. Incorrect address of the applicant 5. Incorrect information of the applicant etc.
A. The reply shall be drafted by the applicant or any person authorized on his/her behalf within a period of 30 days.
A. Yes, the reply must be submitted along with an affidavit and the necessary documentary proofs.
A. In the case of any objection raised, the status of the trademark is shown as ‘OBJECTED’ in the Indian Trademark Registry.
A. Yes, a foreign applicant can apply for the registration in India.