Meaning of Trademark Objection

Trademark Objection in India is considered to be the most crucial and important stage for the registration of Trademark. Hence, after filing the application for registration of Trademark, the Trademark officials specifically examines them and analyzes the same application & the mark.

Registration of Trademark application can be rejected by the Authority on various grounds if they deem fit to do so. Many at times during the process of trademark registration, the Trademark Registrar may raise objections on the intended trademark if it seems to violate any rules and laws of trademark registration.

Grounds of Trademark Objection

Following are some of the reasons by which an application for Trademark Registration can face objection:

Eligible to be represented graphically

The mark which is to be registered as a brand logo or a symbol must be capable of being represented graphically so that it can be put on register in a physical for and can be published in Journal.

Trademark Must be unique

The trademark must be unique and distinctive in nature. This would help in distinguishing one brand name from another. 

Incorrect use of trademark form

An objection can be raised by the examiner of trademark if in case the application is made in a wrong form or an inappropriate form.

Wrong use of applicant’s name

The name entered in the application must have the names of all partners or authors or owners and must be filed in the name of a partnership firm. Further, the same must be filed on TM-16.

Failure in the filing of Trademark form

Whenever a Trademark attorney or an agent requests of the application for the registration of Trademark, it must be filed under form TM-48 along with the letter authorizing the attorney or the agent. However, in case of any such failure, the trademarks to be registered might get objected.

False address on trademark application

The registration of any trademark could be objected by the Registrar if the application filled shows any incorrect or false address of the applicant. The form filled must contain a valid address.

Inaccurate specifications of goods and services

The examiner can raise questions if the application filled shows the vague number for goods and services in the list. However, if such an objection is raised by the examiner, the applicant must file a request on form TM-16 to remove the objection. Further, the applicant should list down the exact items for which the Trademark is sought.

Trademark already being registered

The application for Online Trademark registration can be objected on the ground if the examiner or the authorized person is of the view that the logo or symbol or sign for which the Trademark has been applied for is already being registered under the Register of Trademarks. This objection can be raised under section 11(1) of the Trademarks Act.

Lack of distinctive character

Such Trademarks which are unable to differentiate between the goods and services of one person from the goods and services of another can be raised for the process of Trademark objection. In order to overcome such a situation, the applicant must provide proof that the Trademark is distinctive in nature and has a character of its own.

Deceptive or Misleading Trademarks

The Trademark examiner can raise the objection if he feels that the trademark to be registered can either deceive or mislead the public in terms of its use, nature or quality or can provide any misleading information. However, in such a case, the applicant may choose to apply for exemption of goods and services from this specification by filing TM-16.