Trademark Objected Status : Everything you need to know

A trademark is an essential symbol that provides a unique identity to a business. A registered trademark aids in securing the brand and provides several exclusive rights over the use. Therefore, every individual or business wants to register its Trademark which is a stepwise legal procedure. It can take 12 to 18 months to complete a TM registration process, if no objection or opposition will come otherwise it might take more time as well.

However, checking the status of the Trademark is crucial. When a trademark receives objections, it enters this critical stage, which needs a thorough and accurate response. In this article, we look into the complexities of Trademark Objected Status, understanding the reasons for objections and providing possible response strategies. We explore the conditions to provide businesses with the understanding they need to overcome objections and successfully register a trademark.

When a trademark application is challenged during the registration process, it is referred to as a trademark objection. This might be due to uniqueness difficulties (Section 9) or conflicts with existing trademarks (Section 11). The Trademark Registry issues objections, requiring the applicant to resolve problems within a specific deadline in order for registration to be successful.

Objection under Section 9 of trademark legislation often concerns problems of distinctiveness, such as whether a mark is overly generic or descriptive. On the other hand, Section 11 objections arise from conflicts with existing trademarks, ensuring that the proposed mark does not resemble or cause confusion with previously registered trademarks. Section 9 focuses on the intrinsic characteristics of the proposed mark, whereas Section 11 examines potential conflicts with existing marks in the registration.

Here, are the steps for the Trademark Status check as follows:

1. Firstly, go to the official website of IP india (Intellectual Property India) at https://ipindiaservices.gov.in/eregister/eregister.aspx.
2. Enter all the relevant details of the Trademark, such as class , name and other details required in this tab.
3. The search results will provide a list of trademarks that match the search criteria you submitted. To check the status of a certain trademark, click on it.
4. On the trademark details page, you can find out about the application status, such as whether it has been "Objected," "Registered," or is at another stage.

There are two main grounds that are mentioned below when the applicant will have to suffer with the Trademark Objection process.

1. Choosing a Similar mark: it has a higher chance of objection if the applicant selects a mark that seems or sounds similar to the existing trademark.
2. Incomplete Information: trademark registration is a long and complex legal process and has a higher chance of being objected to if they do not file appropriate information.

By following the below points, the applicant can tackle the trademark objection process.

1. Conducting Comprehensive TM search: Comprehensive TM search is a thorough research that clarifies the availability of the trademark. Therefore the applicant must conduct a comprehensive TM search by which they can reduce the TM Objection chances.
2. Choose Distinct Mark: The applicant must choose a distinct mark that can help to distinguish a particular brand. It also aids in avoiding the TM Objection process.
3. Consult with TM's attorney: TM registration can be more complicated without the consultant with the TM attorney. They have many years of experience that can reduce the probability of being objected to. “Litem Legalis” can be the best platform.
4. Maintain accurate details: The applicant should have all the accurate details regarding the applied trademark, such as date of use, bills, any online authorities and many more. They have to submit all the favourable documents or details during the registration that can reduce the chances of TM Objection.

An objection reply is critical as it provides a formal and structured answer to the Trademark Registry's issues. It gives a chance to explain, justify, and resolve the difficulties, defining the claimed trademark's validity and originality. A well-crafted objection response not only increases the chances of overcoming objections but also guarantees that the application complies with legal requirements. Failure to file a complete objection response may result in the trademark application being rejected or abandoned.

The procedure of trademark registration is a lengthy procedure, and there is a higher probability of objection. Here, "Litem Legalis" will assist you in obtaining your TM registration in a quicker and more straightforward manner. Your best option is "Litem Legalis" because:

Understanding Trademark Objected Status and successfully handling it is essential in securing a brand's legal identity. Handling objections necessitates patience, strategic solutions, and, in many circumstances, the support of an experienced lawyer. Recognizing the relevance of objections and resolving them proactively ensures a simpler road to trademark registration. Overcoming objections becomes a critical step in protecting intellectual property, creating trust, and ultimately flourishing in a competitive economy as organisations aim for distinctive brand identification.