Trademark status objected means that the trademark examiner has raised an objection against your Trademark in the examination report. If you see your trademark status objected in trademark status that means the trademark registrar has objected to your trademark application either under Section 9 or Section 11 of the Trademarks Act.
Trademark status objected is displayed only after the entire application has been scrutinized by the examiner of the trademark office. The trademark examiner conducts a trademark search of the mark applied, and if they find a similar or same existing trademark, the application is marked as ‘objected’ by the trademark examiner.
Why you see Trademark Status Objected
Mostly it happens when there are similar trademarks registered in the same class with similar Goods & Services Description, or there is an already under-process trademark application similar to your trademark application. Your trademark registration application goes through various steps of scrutiny by the trademark office. So, there can be multiple objections to your trademark application by the trademark registrar.
Trademark registration status objected by trademark office
The status of your trademark application will be shown as ‘objected’ if the objection is made under Section 9 of the Trademark Act. In this case, if the Registrar thinks that the mark is descriptive of goods, generic, laudatory, indicating the quality or nature of goods, then the status of your trademark application will be marked as ‘objected’ on the website of the trademark office.
The Registrar also can object to your trademark application under Section 11 of the Trademark Act. Your trademark registration status will be marked as ‘objected’ if your trademark is identical or similar to trademark(s) which are already registered or similar to an already under-process trademark application.
Reasons for Trademark Objection
The primary requirement of a trademark is that it must be able to distinguish one person’s trademark from another person’s. If your trademark lacks distinctive character, the Trademark Office will object to it.
What to do if Trademark Status is Objected
Most important is that if you see your trademark status ‘objected’, a written response should be filed immediately or within 30 days of receiving the examination report, otherwise, the application will be considered abandoned by the law.
If your trademark application is marked as ‘abandoned’ then you have to submit a fresh application for the same trademark again.
How to Clear Objected Trademark
Our trademark lawyers have extensive experience in handling trademark objection cases and can help you overcome your opposition by responding appropriately and timely to the Trademark Registrar. We will assist you in resolving your trademark objections through a sharp and proper response and advance the processing of the application.
Bonus Tip 1 : You can avoid objection of your trademark registration application easily if you planned it advance. The trademark registration process in India is not a difficult task, its easy and straightforward. A few basic and simple steps may help you to avid objection to your trademark registration application. If you have not filed your trademark registration application yet, follow these 10 steps to avoid objection to your trademark registration application.
…
Need help?
If you have any queries or require legal assistance or advice, email us at help@lawfullyexplained.com
Related Articles
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