Trademark Objection: Process and Purpose

Updated on December 21, 2023 06:39:05 AM

Trademark Objection is a legal notice that is sent by the Registrar. TM Objection is the initial stage of Trademark Registration. This process may occur when the examiner raises an issue regarding the similarity of the existing registered trademark.

Trademark Objection helps to protect the sole rights of the existing mark. It also prevents confusion that may occur due to similarity and can harm a particular brand’s reputation in future. Therefore the examiner raises the trademark objection at the initial stages which also aids to reduce the chance of opposition in future. In this article, we will clear all the necessary information regarding the trademark objection process, purpose and reason, which can help you to get TM registration easily.

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What is Trademark Objection?

Section 9(1)(B) of the Trademark Act,1999 permits the Registrar to raise objections. According to this section if the applicant applied the mark which indicates the kind, quality, quantity, value, geographic origin or time of production of the goods or service may raise an objection.

After filing the trademark application, it goes for examination by the Controller General of Patent, Design and Trademark (CGPDTM). If the examiner finds any issue that can cause confusion in future so they can mark the application as objected. Raising an objection doesn’t consider rejection. The main purpose of Trademark Objection is to conduct fair competition in the marketplace and prevent confusion.

Process of Trademark Objection

Trademark objection will conduct in several steps that are mentioned below:

Step 1: Examination Report or the Receipt of Objection

When the registrar raises an objection to the applied trademark, a receipt is sent to the applicant. In this examination report the applicant gets to know the ground of the objection of their trademark. The applicant or the TM attorney has to review the trademark and has to file a reply in their favour.

Step 2: Reply

After receiving the notification of the objective trademark, the applicant has to file an MIS-R within 30 days of the notification. If the examiner doesn’t get any reply to the objection, the application may be marked as abandoned.

In this stage, the applicant has to submit all the favourable documents attached to their MIS-R. The supportive document can include the bills, the applicant’s website, social media advertisements or e-commerce sites. These documents help to prove the applicant is a prior user.

Step 3: Show Cause Hearing

When the examiner gets the reply, they conduct a show cause hearing. The examiner will get three chances of the hearing if the applicant is not present at these hearings the application will be abandoned.

At the Show Cause Hearing, if the examiner will get satisfied with the proof they publish the trademark in the journal otherwise they will reject the application.

Step 4: Advertisement in Journal

After the advertising in the journal, any individual or business has any issue regarding the applied trademark so they can file trademark opposition. The main purpose of this opposition process is to prevent the confusion that can cause due to the similar mark and can harm the goodwill of a brand.

Step 5: Register or Rejection

After completing all the aforementioned steps, if the applicant doesn’t get any opposition the applied trademark will be registered and the applicant can start using the symbol ® in front of their logo. Otherwise, the applied trademark will be rejected.

Purpose of the Trademark Objection

There are several purposes of the trademark objection, some of these are given below:

  • Secure existing TM rights: Trademark objection helps to secure existing Trademark rights. Only the owner of a registered trademark has all the exclusive rights to use that mark for their commercial level. If another trader uses a similar kind of trademark it may cause a dispute regarding the solo rights.
  • Prevent Confusion: The examiner initially raises the issue if they seem any kind of similarity to the existing mark. It helps to prevent confusion among the consumers in future and harms a reputable brand image.
  • Promote fair competition: Trademark objection aids to promote fair competition and also helps businesses to build a unique identity among consumers.
  • Protect Well-Known Mark: Most brands have established a great brand identity in the marketplace. So, there is a high chance that anyone can register a similar mark and use its goodwill for commercial use. For protecting these kinds of actions the registrar objects to the applied mark.
  • Encourage invention: Trademark Objection in Delhi also helps to encourage invention. The applicant tries to choose a unique trademark that helps to make a distinguished image in the marketplace.

Reason for Trademark Objection

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

  • 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.
  • 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.

How to Avoid Trademark Objection

By following the below points, the applicant can avoid the trademark objection process:

  • 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.
  • Choose Distinct Mark: The applicant must choose a distinct mark that can help to distinguish a particular brand. It also aids to avoid the TM Objection process.
  • 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.
  • 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. And they have to submit all the favourable documents or details during the registration that can reduce the chances of TM Objection.

Why Litem Legalis?

The procedure of trademark registration is 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:

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Conclusion

Trademark Objection is the main and initial process of TM registration, where the registrar has complete rights to raise an objection. The TM Objection process is one of the main processes that secure insecurity regarding the infringement. This process also concludes many steps such as getting notification of objection, replying to the objection, show cause hearing, advertising in the journal and registration.

However, the applicant doesn’t want to suffer with this process. TM Objection creates a high chance of being rejected the applied trademark at the initial stage therefore the applicant must consult with the TM attorney. They must also avoid some points that can cause this process such as filing incomplete information and choosing a similar kind of mark that has already been registered

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Frequently Asked Questions (FAQs)

What is the Trademark Objection?

Trademark Objection is a legal process and initial stage of TM Registration. This objection raises by the examiner during the process of Trademark examination.

What is the difference between TM objection and TM Opposition?

TM Objection raises by the registrar and TM opposition is raised by any individual or business. This is the main difference between TM objection and TM opposition.

What is TM opposition?

TM opposition is a legal process that raises by any third party during the registration process. TM opposition can file when the trademark has been advertised in the journal.

What is a Trademark?

A trademark is a symbol or logo that determines a particular brand and makes its goods or services different from its competitor. It can be a word, colour, number, shape, design, logo or pattern.

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