Updated on March 12, 2025 03:44:02 PM
In India, a trademark is one of the most important assets that guarantee protection to a brand's identity and its intellectual property. However in the process of trademark registration sometimes may encounter difficulties in form of trademark objection raised in process of examination phase. when the trademark office examine carefully trademark application for various deficiencies such as similarity of marks, non-distinctiveness of marks, and incorrect classification, among other possible deficiencies that may be noticed in new registration applications.
Understanding the "Objected" status in trademark and creating a strong reply to a trademark objection is an important part to make sure your trademark registers successfully. In this article, we will take you through the completed procedure on how to reply to a trademark objection, along with the reason and cost involved with them, so that you can confidently navigate legal complexities with clarity and confidence. At Litem Legalis we’re here to resolve trademark objections with care and expertise, ensuring a strong and clear reply to help secure your trademark
Before addressing trademark objections it is crucial that we understand what exactly a trademark is. A conventional definition of a trademark in India is something distinctive by way of a sign, design, or expression that goods or services offered by a business are different from that offered by others. A trademark is distinctive and unique and different from others; it speaks about the reputation and quality of a brand and ownership.
Trademark registration gives the owner exclusive rights in its use, while any use by third parties without permission is prohibited. Legal protection will guarantee the integrity of the brand and protect it against any infringement.
The stage of a 'trademark objection' is a crucial phase in the process of registration, as it is an indication that the Registrar of Trademarks, examiner, or a third party has raised specific issues/concerns during the examination process. It ensures that trademarks meet the legal criteria and will not affect anyone's rights. An objection in a trademark registration process doesn't essentially mean a refusal of your application. Instead, it signals the need for a well-prepared reply to address the objections raised, through which the application will move forward with the procedure of registration.
There are two major opportunities for third parties to lodge objection to a trademark registration, resulting in the “objected” status:
Upon filing an objection, the application status is set to “Opposed”.The party who objects to the trademark will need to clearly state the ground for their objection. which may include
This Act ensures that fairness is maintained by allowing the applicant to defend their trademark through a structured process and if necessary attending a hearing to resolve the objections.
The Indian Trademark Office may object to a trademark application under Section 9 and Section 11 of the Indian Trademarks Act. Common reasons include lack of distinctiveness, being overly descriptive or generic, or conflicting with already registered or pending trademarks.These objections can arise on relative grounds or absolute grounds. Below are the key reasons for trademark objections:
Grounds for Objection to Trademark Application under Section 9 and Section 11 of the Indian Trademarks Act. Common grounds for refusal are not distinctive, being too descriptive,generic, or being in conflict with existing or applied for trademarks. These objections can be relative or absolute ground. Here are the Top Reasons for trademark objection:
Relative grounds objections result when the new proposed trademark is likely to be confused with existing trademarks due to name, sound or concept.
Objections on absolute grounds focus on the inherent nature of the trademark and its compliance with legal standards.
If objections are raised while the trademark is being registered, these document are recorded in a Trademark Examination Report. In addition, these report indicates the basis of the objections and the provisions of the Trademark Act under which such objections are raised.To move forward with the registration applicants need to submit well drafted reply that directly addresses any objections raised .
This is important because it allows the applicant to clear the hurdles to the registration and get their exclusive rights to the trademark.
To effectively address objections raised during the trademark registration process, the following documents must be included in the reply:
A trademark objection is a critical step to getting your trademark registered. When you receive the Trademark Examination Report, you need to act fast and have a well drafted reply to the objections raised. If a response is not filed within the specified time, the application will be rejected.
Here’s a step-by-step guide to responding effectively:Here’s a step-by-step guide to responding effectively:
Once you receive the objection notice (examination report), the first step is to thoroughly analyze the objections raised. These objections are typically based on legal grounds such as similarity to existing trademarks, lack of distinctiveness, or failure to meet specific requirements under the Trade Marks Act.
Submit a counter statement within two months from the date of receiving the notice of objection. This document should:
Strengthen your reply by attaching evidence such as:
After submitting the reply, the Registrar may schedule a hearing. At this stage:
Suppose the Registrar is satisfied with the arguments and evidence. In that case, the trademark will proceed to be published in the Trademark Journal, where the public can review and raise objections within a four-month window.
If the reply is not accepted by the Registrar, the applicant may appeal to Intellectual Property Appellate Board (IPAB). Key points to note:
The IPAB’s decision is legally valid and if you does not satisfy with it you can further appeal to the High court and later to the Supreme court of India
In the end, trademark registration in India is a process where responding to a trademark objection is very important in registration process. while facing objections is a complex procedure, but knowing about grounds for objections and proper objection procedure can increase the probablity of registration. However, applicants can protect their brand identity and defend their intellectual property rights if they provide a clear, well documented response to the Trademark Examiner's objections. An experienced trademark lawyer will help you in this process and avoid unnecessary hassles that can take place in case you do not have the right documentation.
Failing to reply can result in the abandonment of your application.
While it is possible but seeking professional assistance significantly improves your chances of success.
A trademark opposition reply is a formal response filed by the applicant to defend their trademark against objections raised during the opposition process.
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