Trademark Objection in India - an Overview

Trademarks are important intellectual property for business. In a year multiple trademarks are applied. Not all the trademarks are accepted. Some trademarks are rejected and are not registered. Examiners search databases in order to find older trademarks that are identical to or confusingly similar to the mark under consideration. The trademark examination report summarizes the results of the trademark examiner's investigation and the reason for trademark objection process.

Documents Needed to File Trademark Objection Reply

The following documentation is needed for trademark objections process:

• Report on authorized document
• Trademark examination report
• Identification documentation
• Process for address verification in trademark opposition

Trademark Objection Process

• Follow the progress of your trademark application
• Look into the trademark complaint
• File a trademark objection reply
• Review and double-check the response before filing
• Obtain commentary on the department's response
• If your response is positive, your trademark will be published in the trademark journal
• As an applicant it is mandatory to appear during the hearing of The trademark.

How to File Trademark Objection Reply

It is mandatory to file a Trademark objection reply to the authorities within the given time frame. Actolegal can tackle the Trademark objection process easily without any hassles. As soon as you receive a Trademark objection notice read it thoroughly to analyse the grounds of objection.

• The first and foremost step is to file counter statement to the trademark objection process within a span of 2 months from receiving the notice
• The registrar will file for a hearing after receiving the Trademark objection reply
• You can provide the proof and other documents to prove your point
• Despite providing the documents if the registrar rules in favor of the opposing party you can appeal to the Intellectual Property Appellate Board (IPAB)
• The counter has to be filed within 3 months from the date of passing the order
• In case of any delays the applicant should explain the reason along with the fine of ₹2500
• If the reason is acceptable the IPAB will fix the date for hearing
• The filing process must be carried out in accordance with the IPAB's rules and regulations
• All the documentation has to be verified, all the application has to be endorsed by the deputy registrar
• If the deputy registrar finds any defects with the application a notice will be provided
• The corresponding changes have to be completed and submitted within 2 months
• In case of any delays the application will be abandoned
• Based on the provided documentation the IPAB will decide the case.

Reasons for Trademark Objection in India

Utilizing Incorrect Trademark Form

If the registrar finds that The trademark application is not in the right format a trademark objection process will be initiated. The applicant may overcome this objection by submitting a trademark alteration request on form TM-16.

The applicant name on the trademark application is incorrect

Under the scenario the corresponding authorities will initiate the trademark objection process. Based on the rules and regulations the applicant name has to be submitted on the trademark application on Form TM-16. In case of any mistakes, requests should be raised for altering the same through Form TM-16.

Not submitting the TM-48 trademark form

If Form TM-48 is missing an attachment or is filled out erroneously, a trademark examiner will initiate the trademark objection process.If someone other than the applicant has submitted the application, a properly stamped power of attorney in their favour must be filed.

The applicant must ask for the reasons in order to overcome an objection for submitting a Form TM-48 that is wrong or incomplete. The applicant must submit a request for the trademark application to be rectified in order to override an objection for an erroneous or incomplete Form TM-48.

Address is not correct on the trademark application

It is mandatory to provide the business address on Form TM-16. If the business address is wrong then the Trademark objection process will be initiated by the corresponding authorities. The applicant's Indian address must be recorded on Form TM-16 because they don't have a sizable place of business there. The applicant has to submit a trademark application rectification request using form TM-16.

Unclear Specification of Goods or Services

The description of goods and services for Class xx is extremely broad and vague. On Form TM-16, the precise goods for which the trademark registration in India is requested should be listed. If a concern is voiced regarding the description of goods or services, Form TM-16 is used to propose a correction to the trademark application.

Similar Trademark Exists

If already registered trademarks are identical to the applied trademark then there are high chances that the current trademark owner may face objection. The trademark application cannot be registered since there are already registered trademarks for comparable or identical goods or services as per the Trade Marks Act of 1999. Identical trademarks among the trademarks may result in confusion among the general population. By claiming that the trademarks listed as competing marks are different from their own, the applicant can take corrective action.