Trademark Objection

Once application for trademark registration is made,allotted to examiner for examination of the application, Application is scrutinized and examination report is issued with reason for non-acceptance of trademark application and application is marked as Objected.

Why Trademark Application is marked as Objected?

• The application has not been filed in the manner as prescribed in the Trademarks Act and rules therein.
• All the formality requirements as to filing of application is not fulfilled
• Trademark applied for registration is refused to for registration on relative grounds and/or absolute grounds under the Trademarks Act 1999

Reasons forobjection raised by examiner

• Name of the Applicant is not appropriately mentioned as per relevant provision of the Act & Rules
• Duly stamped and executed TM-48/Power of Attorney is not Attached, in case the application has been submitted by a person other than the applicant or in favour of registered trademark agent.
• Principal Place of business in India of the applicant or applicant’s address for service in India is not mentioned.
• No appropriate transliteration of the mark provided, in case trademark applied for registration is in a language other than English or Hindi as per relevant provision of the Act & Rules
• No consent of the person or, the consent of his legal representative furnished in writing if the trademark applied for registration contains a name or representation of a person who is dead.
• No proper submission of draft regulation on forms as per relevant provision of the Act & Rules
• No proper document along with application submitted with priority claim by virtue of similar application made in any conventional country
• Goods or services, in respect of which application of registration of trademark made is not specific and/or is wide or vague as per relevant provision of the Act & Rules
• Objection under Section 11 of the Trade Marks Act 1999 and rules therein prescribed since identical or similar marks in respect of similar description of goods or services are there on records and because of such similarity of marks and goods or services it creates confusion on the part of the public.
• Application made for registration of trademark for which Central Government has issued directions not to register following trademarks.
• On absolute grounds for refusal of application for registration under section 9 of the Trade Marks Act 1999 and rules therein prescribed.

Reply to the examination report issued by the authority

• The Examination report issued by the authority stating objection, reason for objection and procedure to reply to the examination report is sent to applicant or his authorised agent on his email as registered with this office.
• The scanned copyof reply to the examination report and all supporting documents duly drafted signed by the Applicant or Applicant’s agent is sent to the Trademark Authority electronically or through any other mean as in the Trade Marks Act 1999 and rules therein prescribed stating the reason why the objection shall be waived and the application for trademark registration shall be accepted.
• After considering the Reply to Examination Report and other documents attached therewith in view of the provisions of the Trade Marks Act 1999 and Trade Marks Rules 2002 the designated officer thinks that office objections can be waived, the officer shall accept the application or publish the same in the trademark journal or he shall move the case for hearing.


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