Frequently Asked Questions about Trademark Objection in India
1. What is a trademark objection?
– A trademark objection is a formal notice issued by the Indian Trademarks Registry when there are concerns about the registration of a trademark application.
– The objection generally occurs when the examiner finds similarities with existing trademarks, generic terms, or when certain legal requirements are not met.
2. What are the reasons for trademark objection?
– Similarity with existing trademarks: If your proposed trademark is similar to an already registered trademark, it may lead to confusion among consumers.
– Generic terms: If your trademark consists of generic words that are commonly used in the industry, the registration may be objected.
– Lack of distinctiveness: Trademarks should be identifiable and distinctive. If the examiner believes your proposed trademark lacks uniqueness, an objection may be raised.
– Violation of public morality or scandalous matter: Trademarks that are offensive or against public order and morality can face objections.
3. What should be done upon receiving a trademark objection?
– File a response: A well-prepared response addressing each objection raised is crucial. You have 30 days to submit a response from the date of objection.
– Seek professional assistance: Consulting an experienced trademark lawyer can help you craft a strong response, increasing your chances of overcoming the objection.
– Provide evidence: If relevant, provide evidence to refute the objections raised. This can include proof of prior use, distinctiveness, or market surveys.
4. What happens after submitting a response to a trademark objection?
– Examination of the response: The Trademarks Registry will review the response and supporting documents provided.
– Hearing, if required: In some cases, the examiner may require a hearing to further discuss the objections and response submitted.
– Decision: Based on the response and evidence, the examiner will make a decision either allowing the trademark to be registered or rejecting the application.
5. Can a trademark objection be appealed?
– Yes, if the trademark application is rejected, an appeal can be filed before the Intellectual Property Appellate Board (IPAB) within three months from the date of rejection.
– It is advisable to consult a trademark lawyer for guidance on the appeal process and to increase the chances of a successful outcome.