Discover what ‘Trademark Status Objected’ means and learn how to respond effectively for successful registration. Your brand success is just a strategic move away.
In the competitive landscape of business, securing a trademark is crucial for establishing brand identity and ensuring intellectual property protection.
However, the journey towards trademark registration is not always without hurdles, and one common challenge faced by trademark applicants in India is the “Trademark Status Objected.”
This article aims to decode the meaning of this status and provide actionable strategies under the Indian Trade Marks Act, 1999, while also addressing additional insights into the objection process.
What Does “Trademark Status Objected” Mean?
When a trademark application is submitted to the Indian Trademarks Registry, it undergoes a comprehensive examination. During this process, the Examiner may raise objections related to issues such as similarity with existing trademarks, lack of distinctiveness, incorrect classification, or a descriptive nature.
“Trademark Status Objected” indicates that the trademark examiner has raised objections against the application in the examination report. This objection can be made under Section 9 or Section 11 of the Trademarks Act, signaling potential issues with the application’s compliance with legal requirements.
Trademark Registrar may object to a trademark application if they believe it is descriptive of goods, generic, laudatory, or indicating quality or nature, and the status of your trademark application will be marked as ‘objected’ on the website of the trademark office.
Common Reasons for Trademark Status Objections
Trademark status objections can occur for various reasons during the registration process. Here are some common reasons for trademark objections:
Similarity to Existing Trademarks: The proposed trademark may be too similar to an existing registered trademark, leading to confusion among consumers.
Descriptiveness: Trademarks that are too descriptive of the goods or services they represent may face objections. Trademarks are meant to distinguish products or services, so being too descriptive may hinder this purpose.
Generic Terms: If the proposed trademark is a generic term for the goods or services, it may be rejected. Generic terms are typically not eligible for trademark protection.
Deceptive or Misleading: A trademark that is likely to deceive or mislead the public about the nature, quality, or geographical origin of the goods or services may be objected to.
Immorality or Scandalousness: Trademarks that are considered immoral, scandalous, or offensive may face objections on the grounds of public policy.
Geographical Indicators: The use of geographical names that could mislead consumers about the origin of the goods or services may lead to objections.
Non-Distinctive or Generic Design: Trademarks that lack distinctiveness or are too common may be objected to. A trademark should be unique and easily distinguishable.
Confusingly Similar to Well-Known Marks: Even if not identical, a trademark may be objected to if it is confusingly similar to a well-known trademark, especially if it could dilute the distinctiveness of the famous mark.
Failure to Comply with Formal Requirements: Failure to comply with formalities such as submitting required documents or paying necessary fees can result in objections.
Lack of Use: In jurisdictions where use is a requirement for trademark registration, a lack of evidence or intention to use the trademark may lead to objections.
Opposition by Third Parties: Third parties may oppose a trademark registration if they believe it infringes upon their existing rights.
Government Restriction: Certain terms or symbols may be restricted by government authorities due to cultural, religious, or other considerations.
What to do if Trademark Status is Objected
If your trademark status is ‘objected,’ it is crucial to file a written response promptly, within 30 days of receiving the examination report. Failure to respond within this time frame may lead to the application being considered abandoned by law, requiring the submission of a fresh application for the same trademark.
How to Clear an Objected Trademark
Clearing objections involves crafting a comprehensive response to the Examination Report, addressing each objection raised. Timely responses are crucial to advancing the processing of the application. Seeking legal assistance from trademark lawyers with expertise in handling objection cases can significantly improve the chances of overcoming opposition and securing successful registration.
Trademark objections can be cleared through the following remedies:
Response to Examination Report: Upon receiving objections, the applicant has 30 days to submit a detailed response to the Examination Report. This response should meticulously address each objection raised by the Examiner and provide compelling arguments and evidence in support of the registrability of the trademark.
Request a Hearing Before the Registrar: If the initial response does not satisfy the Examiner, a hearing can be requested before the Registrar. This allows the applicant to present their case and respond to any additional concerns raised by the Examiner.
Strategic Amendment of Application: Applicants can strategically amend their trademark application to address objections. This may involve modifying the description of goods or services, altering the trademark itself, or providing additional evidence to establish distinctiveness.
Evidence of Use: Presenting evidence of prior use of the trademark in commerce can strengthen the case for registration, demonstrating that the trademark has acquired distinctiveness through use.
Settlements and Negotiations: Engaging in negotiations or settlements with third parties who raised objections can be beneficial. Coexistence agreements or other arrangements may address concerns and facilitate the registration process.
Bonus Tip – Avoiding Objections in Advance: Planning ahead can help prevent objections to your trademark registration application. The trademark registration process in India is straightforward, and following a few basic steps can help avoid objections. For those yet to file their trademark registration application, consider following these 10 steps to enhance the likelihood of a smooth and objection-free registration process.
Encountering a “Trademark Status Objected” in India is a common part of the trademark registration process. Instead of viewing it as a setback, businesses should see it as an opportunity to refine and strengthen their application.
By understanding the reasons behind objections and strategically utilizing the remedies available under the Trade Marks Act, 1999, businesses can significantly enhance the chances of successful trademark registration.
Navigating the objection process diligently and strategically ensures that businesses secure the protection they need for their valuable brands in the Indian market.
Facing a “Trademark Status Objected”?
Our team can assist you with preparing a comprehensive response to the Examination Report. You can reach out to us if you need help securing trademark registration and protecting your brand identity.
…
Need help?
For any legal assistance, Lawfully Explained can be contacted at help@lawfullyexplained.com
Join our Social Media Community!
Join us on LinkedIn | Twitter | Instagram to keep up with the changing laws, regulations and policies.
Related Articles
Trademark Status Ready for Show Cause Hearing
Trademark Status Refused: 2 Ways to Clear Refused Trademark
Trademark Status Abandoned: 2 Ways to clear Abandoned Trademark
Trademark Registration: 18 FAQs on Trademark Registration in India