What is a Trademark Objection?
The Trade Marks Office can, for various reasons, have objections to your trademark application. This may be because the word or logo is too similar to an existing trademark, because it could hurt religious sentiments or if it is likely to cause confusion, among various other reasons. You must file your response to this objection within a month from when the Examination Report has been published online. If it has been sent to you or your lawyers, then a month from when it was received. If you don’t, the Registrar could abandon the application altogether.
In cases where in the Trade Mark Registrar raises an objection for registration of a trademark the applicant has an opportunity to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons facts and evidences as to why the mark should be registered in favour of the applicant along with supporting evidence if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report the application would be allowed to be published in the Trademark Journal, before registration.
Filing a response to the objections raised by a Trademark Examiner in the Trademark Examination report does not guarantee registration of the trademark. Trademark registration is a process and registration is provided only by the Trademark Registrar – based on the facts of each case.
- Acceptance Letter
- Soft copy of Trademark/Logo (image or shape)
- Proof-Name and address of Trademark Applicant
- Description of the goods and services
- Examination Report