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Trademark Objection

Overview Documents

Overview

We are at VGC help you in filling reply to registrar of trademark in relation to Examination report

The trademark application is examined by the trademarkâ€™s office within a time slot Four to Six months from the filing date and have full rights to give objections on absolute grounds (uniqueness, not capable of distinctive goods or services) or relative grounds (similarity with already existing trademark). If no objections are raised, the mark shall directly process for advertisement.

Trademark is one of the rights granted to protect intellectual property in India. Rights covered under Trademark Act 1999 include protection, registration, and objection of a trademark with government authority.

Trademark objection must be handled cautiously and is considered as the most crucial stage of trademark registration. Trademark Registration application procedure includes trademark objection. Trademark examiner raises the objection on the grounds of finding during the examination procedure on certain goods. It should be handled with care, and convincing reply should be provided on the raised queries; otherwise, it can lead to the rejection of trademark application. The trademark should not be similar or identical to any third-party mark; it should be distinguished in every possible way.

Reasons for Trademark Objections

Upon receipt of the application, the trademark examiner scrutinizes the application for its correctness. Objections can be received for the following reasons:

Incorrect form
If the applicant applies for trademark registration by filing the wrong form, the examiner can object and ask for correction in application.
Incorrect applicant name
Examiner double-checks for the correctness of the applicantâ€™s name; the name must be similar to what is provided in PAN. Hence, it is advisable to cross-check the spelling of the name double.
Usage of deceptive words
If trademark name or logo used is deceptive in nature or usage of any misleading term that gives a false description about the product shall be rejected.
Offensive terms
Trademark shall not use any offensive term which can lead to the rejection of the trademark
Insufficient information on goods or services
When the trademark application failed to mention necessary information, in brief, the trademark examiner may reject the application based on such grounds.
Identical logo already registered
If the proposed trademark is similar or identical with the already registered logo, the examiner shall raise the objection stating the reason it can create confusion under section 11 of trademark Act.
Objection under Section 9
Section 9 are considered to be absolute grounds of refusal, meaning a mark cannot be granted if an objection arises under this section.

Devoid of Distinctive character
Indications of Trade, Kind, Quality, Quantity of Goods or Services and so on
Customary Indications:
Causing Confusion
Religious Susceptibilities
Emblems and Names Act 1950
Scandalous and Obscene matter

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Documents

Attachment required in reply of examination report

Reply of examination report
Power of attorney
Others Supportive documents

Contact us for any query on trademark objection reply 9650056816 or at csvikram.grover@gmail.com

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