top of page

TRADEMARK OBJECTION REPLY

₹ 2,500 (+ GST) 

WHAT IS TRADEMARK OBJECTION REPLY?

A Trademark is what makes a product distinct from others and

maintains the brand image. It is very important to protect this

trademark to maintain distinctiveness. It is also important, then, to protect yourself and claim your right. In the first stages of registration

for a trademark, the trademark examiner, during their examination may object to certain aspects of your trademark. This may happen if the information provided by you is inadequate or incorrect and if too many similar trademarks exist. This is not usually a specific objection; but in the form of an inquiry- about why your trademark is distinct enough to avail a valid registration. The reply to this inquiry is essentially a trademark objection reply.

Documents required:

Only two documents are required to reply to the objection/examination report by the trademark examiner:

  • Power of attorney form

  • Basic TM - 12 form to file reply

GROUNDS FOR REFUSAL ON THE BASIS OF THE TRADEMARK ACT

1. Absolute Grounds of Refusal:

 

The trademark which consist any of the following characteristics is objected by the Trademark Registry in order to prevent the monopoly of the Owner:

The trade marks—

  • which are devoid of any distinctive character, if it is indistinguishable from the goods or services of another person

  • which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service

  • which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered: Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made
    of it or is a well-known trade mark

A mark shall not be registered as a trade mark if—

  • it is of such nature as to deceive the public or cause confusion; for example, if it is deceptively similar to the trademark of a very popular company

  • it contains or comprises of any matter likely to hurt the religious sentiments of any class or section of the citizens of India

  • it comprises or contains scandalous or obscene matter

  • its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950)

It may also not be registered if it is related to an aspect which is needed for the technical operation of the product itself,

or related to the shape of goods which results from the nature of the goods and a shape which gives “substantial value”

to the good.

 

 

2. Relative Grounds of Refusal:

This section provides room for a reply to objection and provides restrictions on when a trademark cannot be rejected.

A trademark may be questioned or partly objected to if it is deceptively similar to another trademark, or may confuse the public

in relation to earlier trademarks. If the trademark sounds phonetically similar to an earlier trademark or has high levels of visual similarity it may be questioned.

Other Common Grounds:

  • Use of the wrong form for filing Online Trademark Registration in India

  • Inadequate and ambiguous specification of Goods and Services

  • Specification not given as per the Nice Class heading given by the Registry

  • Descriptive Nature and glaring similarities to earlier trademarks of the trademark applied for

  • Incorrect details entered in the Application

  • Wrong classification of Trademark Class, etc. 

bottom of page