Trademark Objection in India – an Overview
Trademarks are important intellectual property for business. In a year multiple trademarks are applied. Not all the trademarks are accepted. Some trademarks are rejected and are not registered. Examiners search databases in order to find older trademarks that are identical to or confusingly similar to the mark under consideration. The trademark examination report summarises the results of the trademark examiner’s investigation and the reason for trademark objection process.
What is Trademark Objection
A trademark objection is a formal claim that a trademark application should not be registered. Objections can be raised by anyone, including the owner of a registered trademark, a person who has applied for a trademark registration, or a member of the public.
Here are some of the most common grounds for trademark objection:
- The trademark is confusingly similar to another registered trademark.
- The trademark is descriptive of the goods or services it is being used for.
- The trademark is generic, meaning that it refers to the general class of goods or services.
- The trademark is offensive or scandalous.
- The trademark is a famous trademark that is being used in bad faith.
If a trademark objection is filed, the applicant for the trademark registration will have an opportunity to respond to the objection. The Trademark Registry will then decide whether to register the trademark or reject it.
Reasons for Trademark Objection in India
Trademark objections in India can occur for various reasons, and the Registrar of Trademarks may issue an objection notice during the trademark registration process. Some common reasons for trademark objection in India include:
1. Similarity to Existing Marks: If the proposed trademark is too similar to an existing registered trademark or pending application, it can lead to an objection. The Registrar may consider it likely to cause confusion among consumers.
2. Descriptive or Generic Terms: Trademarks that describe the goods or services they represent or use generic terms are often objected to because they lack distinctiveness.
3. Offensive or Immoral Content: Trademarks that contain offensive, immoral, or scandalous content may be objected to on moral or public order grounds.
4. Deceptive Marks: If a trademark is likely to deceive the public regarding the nature, quality, or origin of goods or services, it can be objected to.
5. Geographical Indications: Trademarks that falsely suggest a geographical origin of goods or services can face objections, as they may mislead consumers.
6. Well-Known Trademarks: If a trademark is identical or similar to a well-known trademark, it can be objected to to protect the rights of the well-known trademark owner.
7. Non-Distinctive or Non-Unique Designs: Trademarks that consist of common shapes, symbols, or designs may be objected to if they lack distinctiveness.
8. Improper Use of National Symbols: Using national symbols, emblems, or flags in a trademark without proper authorization can lead to objections.
9. Errors in Application: Technical errors, missing documents, or incomplete information in the trademark application can result in objections.
10. Inadequate Specification of Goods/Services: A lack of clarity or specificity in the description of goods or services associated with the trademark can lead to objections.
How to File Trademark Objection Reply
It is mandatory to file a Trademark objection reply to the authorities within the given time frame. KhataDekho can tackle the Trademark objection process easily without any hassles. As soon as you receive a Trademark objection notice read it thoroughly to analyse the grounds of objection.
- The first and foremost step is to file counter statement to the trademark objection process within a span of 2 months from receiving the notice
- The registrar will file for a hearing after receiving the Trademark objection reply
- Substantiate your trademark objection by furnishing supporting documents as evidence, validating your claim and reinforcing your position effectively.
- Despite providing the documents if the registrar rules in favor of the opposing party you can appeal to the Intellectual Property Appellate Board (IPAB)
- The counter has to be filed within 3 months from the date of passing the order
- In case of any delays the applicant should explain the reason along with the fine of ₹2500
- If the reason is acceptable the IPAB will fix the date for hearing
- The trademark objection reply filing process must be carried out in accordance with the IPAB’s rules and regulations
- All the documentation has to be verified, all the application has to be endorsed by the deputy registrar
- If the deputy registrar finds any defects with the application a notice will be provided
- The corresponding changes have to be completed and submitted within 2 months
- In case of any delays the trademark objection application will be abandoned
- Based on the provided documentation the IPAB will decide the trademark objection case.
Documents Required For Trademark Objection
The following documentation is needed for trademark objection process:
- Report on authorised document
- Trademark examination report
- Identification documentation
- Process for address verification in trademark opposition
Eligibility Criteria for Trademark Objection
The following are some of the common eligibility criteria for trademark objection in India:
- Similarity: The trademark in question must be similar or identical to an existing trademark in the same class or category of goods or services.
- Confusion: The use of the trademark in question could cause confusion among consumers or could lead to mistaken identity with an existing trademark.
- Descriptiveness: The trademark in question is descriptive of the goods or services being offered, and therefore not eligible for trademark protection.
- Offensive: The trademark in question is offensive or derogatory to a particular community or group of people.
- Deceptive: The trademark in question is misleading or deceptive, leading to a false impression about the quality, origin, or source of the goods or services.
