Trademark Objection
Trademark objection happens to be one of the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial; instead, the trademark registrar seeks a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.
In the event of a trademark objection, a comprehensive reply needs to be filed within a month from the objection's date of issuance.
There are several reasons for Trademark objections like similarity with an
existing trademark, offensive trademarks, absence of uniqueness, etc.
Reasons for Trademark Objection
The following are some of the common eligibility criteria for trademark objection:
a) Similarity: The trademark in question must be similar or identical to an existing trademark in the same class or category of goods or services.
b) Confusion: The use of the trademark in question could cause confusion among consumers or could lead to mistaken identity with an existing
trademark.
c) Descriptiveness: The trademark in question is descriptive of the goods or services being offered, and therefore not eligible for trademark protection.
d) Offensive: The trademark in question is offensive or derogatory to a particular community or group of people.
e) Deceptive: The trademark in question is misleading or deceptive, leading to a false impression.
Often, during the trademark registration process, the registrar raises objections to the applied trademark if it violates the trademark registration rules and laws. In most of the cases objections came under Section 9 1(a), Section 9 1(b) and Section 11 of Trademarks Act.
Trademark registration creates an identity for the brand and differentiates it from other available services or products that are available in the market. Protecting a Trademark is very important if one wants to maintain its distinct identity. But there are some cases when someone would stop you from claiming your right. Hence, we need to understand the concept of Trademark objection.
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