SRCC

Trademark Objection

One of the first steps in the trademark registration procedure is to file a trademark objection. A trademark objection is not the same as a simple denial; rather, the trademark registrar is looking for a good cause or explanation for the mark and registration. The applicant is given the chance to explain how the trademark meets the requirements for successful registration.

A detailed reply to a trademark objection must be filed within a month of the date of issuing of the objection.

Trademark objections can be based on a variety of factors, including resemblance to an existing trademark, offensive trademarks, lack of distinctiveness, and so on.

Registrars frequently raise objections to a submitted trademark if it breaches trademark registration regulations and laws throughout the registration process.

Trademark registration gives a brand an identity and distinguishes it from competing services or goods on the market. If a company wishes to preserve its distinct character, it is critical to protect its trademark. However, there are times when someone will try to prevent you from exercising your right. As a result, we must comprehend the notion of trademark opposition.

Top reasons for Trademark Objection

Here are some of the most common causes for trademark opposition:

Objections to trademark applications might be made for a variety of reasons. An examiner can oppose to a trademark registration on the following grounds:

The reasons for trademark registration refusal can be split into two categories:

Trademark Examination Report

An examination report is given to the trademark applicant after the trademark registration application is submitted and evaluated by the trademark officer. It’s also posted on the trademark office’s website, along with the application’s information.

If the trademark examiner raises an objection, the applicant or authorised agent has the opportunity to respond to the trademark examination report with a rebuttal.

The applicant’s response is then taken into account, and if the objection may be waived as a result of the applicant’s response, the trademark application is approved for registration. In the journal, the trademark is published.

An examination report is given to the trademark applicant after the trademark registration application is submitted and evaluated by the trademark officer. It’s also posted on the trademark office’s website, along with the application’s information.

If the trademark examiner raises an objection, the applicant or authorised agent has the opportunity to respond to the trademark examination report with a rebuttal.

The applicant’s response is then taken into account, and if the objection may be waived as a result of the applicant’s response, the trademark application is approved for registration. In the journal, the trademark is published.

Reply to Trademark Examination Report

The trademark applicant or an agency authorised by the trademark applicant can respond to an objection in the trademark examination report.

This response can be sent via the trademark office’s website, in person, or by mail.

Along with the response to the examination report, any affidavits and supporting documents must be supplied.

 

Objections as to Formality Requirement

The objection as to the Wrong Classification of Trademark Class

If the officer has any objections to the formality requirements, the applicant must comply with the officer’s restrictions.

Consider the following example:

Assume the trademark applicant has requested the permission of a person whose likeness appears on the trademark. In that instance, the applicant must obtain the person’s agreement in writing and provide it with the supporting papers, or indicate that the image on the trademark is a generic image rather than one of a specific person.

The trademark applicant may file a request to correct the class or state if the goods or services mentioned in the application do not fall into the correct trademark class; the trademark applicant may file a request to correct the class or state if the registrar’s classification of goods or services has been correctly classified.

However, before filing a reply to the examination report for objection as to the incorrect category of trademark class, it is important to obtain competent legal counsel for the right classification of products and services.

The objection as to Identical or Similar Trademark Exists Class

The objection as to Trademark Lacks Distinctiveness

Let’s say the denial is based on the relative grounds of identical or similar trademarks for similar goods or services. In that situation, the applicant might additionally provide consent or no consent objections from the owner of the marks indicated in the examination report as contradictory.

In the event of a non-distinctiveness objection, the applicant can respond to the examination report by demonstrating that the trademark applied for registration is capable of distinguishing the applicant’s good or service, or that the brand has acquired a distinctive character as a result of its extensive use in relation to relevant goods or services prior to the application date.

Assume the trademark has become distinctive as a result of its widespread use. In that instance, the applicant should provide an affidavit and accompanying documents as proof of trademark use.

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