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Trademark Objection


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Drafting and filing of reply for objection raised by Trademark Examiner. Exclusive pricing for trademark applications filed by Bmcsindia.

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Trademark Objection

When applying for trademark registration, it’s essential to be aware of potential objections that the Trademark Office may raise. In this article, we’ll explore some of the common reasons for trademark objections and the solutions to address them.

Use of Incorrect Trademark Form:

If the trademark application is not submitted in the correct form, the Trademark Examiner may raise an objection. For example, if the application is made on form TM-1 for a certification mark when it should be TM-4, the objection will be as follows:

“The application is made on form TM-1 for a certification mark in respect of goods or services falling in a class. The form of the application should be corrected to TM-4 by filing a request on form TM-16.”

Solution: To overcome this objection, the applicant can request to correct the trademark application by filing a request on form TM-16.

Incorrect Trademark Applicant Name:

The name of the trademark applicant must be accurately entered in the application. If there is an error in the applicant’s name, the Trademark Examiner will raise an objection, such as:

“The application appears to have been filed in the name of a partnership firm. Names of all partners of the firm should be brought on record by filing a request form TM-16.”

Solution: The applicant can address this objection by requesting to correct the trademark application through form TM-16.

Failure to File Trademark Form TM-48:

When a trademark application is filed by a Trademark Attorney or Agent on behalf of the applicant, Form TM-48 must be attached. If Form TM-48 is missing or incorrectly executed, an objection is raised:

“The application has been submitted by a person other than the applicant, and a duly stamped Power of Attorney in favor of a specific agent should be filed.”

Solution: The applicant can overcome this objection by requesting to correct the trademark application through form TM-16.

Incorrect Address on Trademark Application:

If the applicant’s principal place of business or address for service in India is not mentioned, an objection can be raised, such as:

“The Principal Place of business of the applicant should be brought on record by filing a request on form TM-16” or “The applicant’s address for service in India should be brought on record by filing a request on form TM-16, as the applicant has no principal place of business in India.”

Solution: The applicant can address this objection by requesting to correct the trademark application through form TM-16.

Vague Specification of Goods or Services:

A trademark application with a vague or overly broad specification of goods or services may face an objection:

“The specification of goods/services mentioned in respect of class xx is very vague and wide. You should provide exact items for which the trademark is sought to be registered by filing a request on form TM-16.”

Solution: The applicant can overcome this objection by requesting to correct the trademark application through form TM-16.

Existence of Same or Similar Trademark:

If identical or similar earlier trademarks are found on records for the same or similar description of goods or services, an objection is raised:

“The trademark applied for registration is not registrable under Section 11(1) of the Trade Marks Act 1999 due to the existence of identical or similar marks for identical or similar goods or services on records, which may lead to public confusion.”

Solution: The applicant can respond to the objection by stating that the cited trademarks are different from the applicant’s trademark, supported by evidence.

Lack of Distinctive Character:

Trademarks lacking the ability to distinguish one entity’s goods/services from another’s are subject to objection under absolute grounds for refusal. To address this, the applicant can provide evidence that the mark has acquired distinctive character through prior use.

Deceptive Trademark:

An objection can be raised if the mark has the potential to deceive the public regarding the nature, quality, or geographical origin of the goods or services. To overcome this, the applicant can exclude deceptive elements from the specification by filing Form TM-16.

Addressing these common trademark objections is crucial to successfully register your trademark and protect your brand. It’s essential to respond promptly and accurately to ensure a smooth registration process.

Trademark vs Copyright vs Patent

What’s protectedAny word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another.Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protectionA mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.A fresh, valuable, and unusual invention is required.A work must be unique, original, and created in a tangible manner.
Term of protectionAs long as the mark is used in commerce.20 yearsAuthor’s life span+ 70 years.
Rights GrantedRight to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin.Right to restrict others from manufacturing, selling, or importing the patented invention.Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.
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