A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.
But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.
Reasons Behind to Respond to a Trademark Objection
There are many reasons behind to respond to a trademark objection like;
- Clearance: If you give the reply to that Trademark Objection with evidence to clear all the things then there is no reason will remain to ample your application. The Registrar may need only clarification by your side.
- Brand Protection: It means when you received the objection application then you should use the symbol ™ for a few months so that your existing customers still stick to your website. You should not file a new application instead of identifying the reasons behind to know about your logo, word and brand name which are different.
Common Grounds of Trademark Objection in India
- Mark not Distinguished or Unique
- Deceptively similar Marks
- Mark describing Characteristics of Products
- Descriptive Nature of the Trademark
Process of Trademark Objection
The process of Trademark Objection is mainly depending on the working days like;
- Single Time Working Day: If any person filed a trademark with us then we will inform you that your Trademark has been objected by the registrar less than a month from the report. If you are not a customer, it’s best for you to contact TAXFUSION within a month from receiving the report.
- Six Working Days: Six days stands for that we will arrange your meeting with our Lawyers / Consultant to sort out all these things. The Lawyers / Consultant is basically understanding your case and helps frame the correct response and affidavit. The response will be submitted.
- Working Days on Monthly Basis: If you are given a reply of the objection to the Registrar and they don’t accept your initial response then after that an interview is scheduled where the arguments would need to be presented in person. If the Government is satisfied with the response then the objection will be lifted within 18 months.