Trademark Objection

A trademark creates an identity for the brand and distinguishes it from other products/services in the market. Hence protecting it is crucial, if one wants to maintain its distinct identity. But what if someone stops you from claiming your right? For that we need to understand the concept of trademark objection.

Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability. He gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration. This is Trademark objection reply.

There are mainly two specific reasons for trademark objection: 

1. Contains incomplete/wrong information
2. Similar trademarks already exist

Let’s first discuss regarding Trademark Objection raised due to errors in the application:
A trademark application needs to be perfect and without any errors or false information. If there is any wrong information such as, incorrect applicant name, principal place of business, etc. it is very likely to attract objection.

1. Incorrect details in Trademark form 
   If information relating to the applicant name, principal place or any other information in the trademark application is false then it most likely to raise a trademark objection.
2. Wrong filing of a Trademark form 
   The examiner can raise an objection if the trademark application is filed in the incorrect form. In case your trademark application is filed by a trademark attorney or agent then form TM-48 must be filed and attached to the trademark application.

Now, let us examine the grounds on which the examiner can raise an objection

A Trademark application can be objected under the more than one grounds for refusal. Following are some grounds on which an examiner can object the trademark registration:

The grounds of refusal of TM application can be divided into two parts  

• Absolute grounds of refusal- refer to the incapability of marks to be distinctive or graphically presented
• Relative grounds of refusal – are always in connection with earlier trademarks and their related rights.

1. Deceptive Marks
   Any trademark that is likely to spur confusion among the public or which misleads the public are deceptively similar mark. It can be about the product’s real source/ description between the related goods or services, its use, quality, and character.
2. Lack Distinctiveness  
   If a mark lacks distinctiveness, creates a dilemma and does not help the consumer in identifying goods or services will not get protection under trademark.
3. The existence of an Identical Trademark 
   When your mark is alike an already registered trademark an objection will be raised. There are plenty of trademark protection lessons to learn from famous brands where you find someone using the similar mark. The key is to avoid any confusion among the public.
4. False Specifications of goods or services 
   Filing a Trademark application under an incorrect class or a false description is wrong. This may lead to objections.
5. Offensive or obscene words as a part of or as a trademark 
   Any mark with obscene or offensive words or images as part of the trademark may face a refusal.