Objections to trademark registration are one of the first steps in the registration procedure. Trademark objection does not imply outright rejection; rather, the trademark registrar seeks a legitimate justification or explanation for the mark and registration. This gives the applicant a chance to explain how his or her trademark meets the criteria for obtaining a legitimate trademark registration.

Trademark objections can be based on a variety of factors, including similarity to an existing trademark, offensive trademarks, lack of novelty, and so on.Registrars frequently raise objections to an applied trademark if it breaches trademark registration regulations and laws during the registration process.

Process to check a trademark objection

  • Visit IPIndia's official website.
  • Select Trademarks from the drop-down menu.
  • Click Trademark Status.
  • Mention the number of the trademark application.
  • You can see all of the details regarding the trademark, as well as the current status of the trademark application.
  • When an application is designated as "objected," it signifies the examiner has raised a question or objection.

Trademark Objection Vs Opposition

The fundamental distinction between Trademark Objection and Opposition is that the former is filed at a preliminary stage of the trademark registration procedure, while the latter is filed afterwards. In this case, the trademark examiner will file a trademark application on your behalf. Any person who has a problem with your trademark after it has been published in the Trademarks Journal can file a trademark opposition.

Objections raised by the examiner

Any officer of the Trademark Registry who has been tasked with inspecting and studying trademark applications to ensure that they comply with the Trademarks Act's criteria and guidelines is referred to as a trademark examiner. The functions and responsibilities of trademark registrars and examiners are governed by the Trademarks and Geographical Indications Registry Recruitment Rules.

In the following circumstances, the Examiner will file objections under the Trademarks Act of 1999:

  • Descriptive name: An objection will be raised if the Trademark is comprehensive or explicitly identifies the core essence of the goods or service.
  • Deceptive or identical: There will be opposition if the trademark is misleadingly similar, will likely confuse the public, or imitates an existing registered brand.
  • Prohibited: The Examiner will object to the application if the trademark violates the names and logos listed in the Emblems and Names Act of 1950 or any other applicable law.
  • Erroneous form: As an example, if the application is filed incorrectly, such as not using the prescribed Form TM-A, and/or it is filed without supporting papers, an objection may be brought.

Documents Required

Acknowledgement of a Trademark

A copy of the trademark receipt, which includes the registered trademark's data.

Affirmative Power of Attorney

Authorizing our attorney to act on your behalf, signed on non-judicial stamp paper.

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