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.
Procedure for Trademark Objection in India
The following steps are involved in the process for the objection of trademark in India-
Notice for Trademark Objection
Any person can file for a notice of objection on a trademark that is already been advertised and published in the trademark journal within 4 months from the date of advertisement. To follow time duration is suggested, in case you want to secure your trademark right.
Counter Statement
The applicant must have to file for the counter statement within 2 months from the date of the receipt of notice of Trademark Objection against the marks for which one is askinf for the registration. If not done so, the applicant seems to have abandoned the Trademark application, hence file counter statement always on time.
Evidence in Favor of Objection
One who is filing the objection it is his or her duty to give evidences to proof the same. The applicant through an affidavit can file for the evidence in favor of the objection of trademark against which one is filing the objection. In case applicant have no evidences then, the applicant can also write to the registrar by stating that the applicant does not want to file evidence instead rely up on the facts stated in the notice for objection.
Evidence to be Submitted in Favor of Reply
The opponent party is provided a duration of one month which may extend foe a period of another one month in order to file for evidence in response to the applicant’s evidence.
Final Hearing
Based on all of the above points and the evidence produced and submitted, the Registrar shall call for the hearing. The parties within the period of 14 days from the date of receipt of the notice of hearing shall notify the registrar for their appearance in the matter. Thus, the matter is then heard by the Registrar of the trademark and then decided on the basis of merits.
Final Decision
After the hearing on the matter, the registrar finally delivers the decision. If the decision is in favor of the applicant, then such application is registered as per the Trademark Registration Act. However, if the decision is against the applicant, such trademarks are considered to be objected by the Registrar.
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.
