How to Respond to a Trademark Objection from the Registrar

How to Respond to a Trademark Objection from the Registrar

Trademarks provide a company the right to use certain forms, symbols, and colors on its goods. The registration of a trademark necessitates meticulous preparation and execution. If you want to trademark a product in India, you must first seek clearance from the trademark registrar. The majority of trademark requests are accepted; however, the registrar may object in rare instances. This objection, if not addressed appropriately, might result in delays or trademark denial.

In this post, we’ll go through what you should do if you receive a trademark grant objection from the registrar.

Trademark Registration Process

Corproots helps you with your trademark registration. The following are the steps involved in the process of trademark registration.

1. We conduct a thorough search through the Trademark Directory
2. We advise you on the classes you need to apply under
3. You will receive regular updates until the process is completed.

Objectionable Grounds

If a trademark is not unique, it may be rejected. It is not considered capable of distinguishing the products or services if the mark comprises of a common surname, name, place name, a sector of society, common geometrical devices, etc. It can also be criticized for being overly broad or irrelevant to the applicant’s goods and services.

How to React to an Objection

Examine the cause for the objection – A trademark’s resemblance to another mark is one of the most typical reasons for its rejection to be granted. This resemblance might be visual or linguistic (verbal similarity). In this scenario, you’ll need to show that you can do the following:

• That the marks differ in terms of the nature of the products
• That the resembling mark has no similarity in character or that it belongs to a distinct industry, company, or commerce
• That the method of acquiring items bearing a trademark resemblance or making orders differs.
• Any additional conditions to indicate that the overall impression of the products to the customer is not confused as to the source or origin of the items.

Errors in Classification

The Registrar of Trademarks publishes the International Classification of Goods and Services, which is available on its website. If this categorization is incorrect, you can correct it by completing form TM-16 for revisions.

Filing of Evidence

You will be required to provide a set of papers in support of your trademark application.

• This might include evidence of the mark’s use on goods, the applicant’s official website, trade circles, or any other important location. Accurate photographs are necessary for 3D markings.
• In the case of resemblance, the applicant can either show that the marks are separate or make changes to his mark.
• You can get a no-objection certificate from the owner of a comparable mark.
• In some circumstances, the Registrar may believe that the trademark is overly broad or that the applicant is unlikely to engage in or offer the products or services in question. In such cases, you must show that the trademark is being used or planned to be used on all of the goods and services listed. Furthermore, if such products are already in existence, proprietors may provide real proof of their existence.

Evidence in the form of business plans, blueprints, maps, and prototypes can also be useful. Similarly, the “object clause” of the Memorandum of Association may be given.

Frequently Asked Questions

1. How do I respond to a trademark complaint online?

As a ‘Reply to Examination Report,’ you or your authorized agent can respond to objections raised in the examination report. Furthermore, the answer to office objections can be sent to parm.tmr@nic.in as a scanned copy (in color pdf file format) of the Reply to Examination Report.

2. Is it possible to submit trademark complaints offline?

Yes, you can personally deliver or mail your response to a trademark objection to the Trademarks Registry’s head office/appropriate office. Affidavits and supporting papers may also be included with the response.

3. How can you tell whether a trademark is being challenged?

The term “objected” would appear next to the application on the Trademark Registry website.

For services like GST Registration, ISO Certification, IE Code Registration, Partnership Registration, Proprietorship Registration, Trademark Registration, Foreign Branch Setup, LLP Registration, OPC Registration, and Pvt Ltd Registration, visit Corproots.

Suggested Reading: Trademark Protection vs Trademark Bullying