Trademark Objection

Trademark objection is the objection/doubt raised by the trademark registrar/examiner in the examination report. Objections can be made by examiner for many reasons such as when there is similar trade mark request registered for goods or services already on record or like other issues when the trademark request is not falling under legal norms etc.

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What is Trademark objection?

A trademark is any logo, symbol, tag or combination of the two that represents the identity of a trademark. Often, during the registration process of a trademark, the Trademark Registrar raises objections to the intended trademark if it is found to be in violation of trademark rules and laws. It could be due to a number of reasons, such as similarity to any existing trademark; offensive and damaging the sentiments of a particular religion or a fringe group; lack of a distinct design; etc. In the event of a trademark objection, you must file a reply to a comprehensive trademark objection within one month from the date of issue of the objection.

Your application will be examined by the designated Trademark Examiner pursuant to the various sections of the Trademark Act. The Trademark Examiner shall determine whether the mark is relevant to your goods / services and shall be distinct enough not to create confusion with an identical mark licensed earlier by some other party.

If the application is found to be satisfactory, the Registrar will accept and issue an order of acceptance for the publication of the trade mark in the Trademark Journal, otherwise it will be objected to and a trade mark examination report will be issued. The report sets out the grounds for opposition to a trademark, such as the existence of a conflicting mark; or that the trademark is non-distinctive, etc.

Reasons for responding to a Trademark objection

Trademark Objection response procedure

Documents required

Authorization Letter
Trademark hearing notice
Affidavit of usage
Examination Report
Documentary evidence

Showing the actual use of the Trademark in trade


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