Trademark Objection: How To Deal With Them?

Did you go to the trademark registry’s website just to find an “OBJECTION” against your trademark? Oops!!

Trademark objections are nightmares that must be dealt with in the best way possible if you want to get your trademark registered. In this blog, we will take a look at trademark objection, why registrars object to trademarks, and how to overcome this hurdle. So, shall we start?

What Is A Trademark Objection?

After a trademark application is filed, the trademark examiner thoroughly analyzed it on various grounds. In case he/she finds an issue with the trademark, there is an option to “Object” to the trademark application.

3 things you must know about trademark objection are:

1. A Trademark objection by the examiner is not a denial to register a trademark.
2. An objection merely means that the examiner wants you to provide valid evidence and explanations as per the situation to prove that the trademark is worthy of registration.
3. It’s very common for trademark applications to receive objections from the trademark examiner. Instead of panicking, one should take assistance from a professional to smoothly sail through the trademark objection process.

Why Examiner Raises A Trademark Objection?

The trademark examiner can object based on:

1. Section 9 of the Trademarks Act, 1999-  Absolute Grounds of Refusal
2. Section 11 of the Trademarks Act, 1999– Relative Grounds of Refusal

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The Most Common Reasons For Trademark Objection are:

Ground for Objection	Why?	What To Do?
Wrong Form	Applying for trademark registration through a wrong trademark form.	Request the examiner to correct the trademark application by filing a request using form TM -16.
Incorrect Details In The Trademark Application	Filling in the wrong name or other trademark-related details such as the address, contact details, etc.	Request the examiner to correct the trademark application by filing a request using form TM -16.
Lack of Supporting Documents	The applicant has not attached all the required documents while filing for trademark registration.	Request the examiner to correct the trademark application by filing a request using form TM -16. Also add the required documents that the examiner must have asked for in the trademark examination report.
Unclear Specification of Goods & Services	Vague or less than required information on the goods and services.	Request the examiner to correct the trademark application by filing a request using form TM -16.
Identical or Similar Trademarks	Your trademark bears close resemblance to an existing registered or unregistered trademark under the same trademark class.	Carefully examine the trademark examination report and reply with supporting evidence to prove that the 2 conflicting marks are different.
Trademark Is Not Distinctive	You applied for a trademark that has common words or phrases that don’t distinguish the product/service or the brand from others. Such words have not acquired any secondary meaning and are not convincingly distinctive as per examiner. E.g., “Red” or “Blue.”	Provide evidence to prove that the acquired distinctiveness of the trademark before its use.
Deceptive Trademark	The goods/services provided under the mark or the mark itself may deceive the consumers. A mark that births the likelihood of confusion among consumers. Confusion can happen due to similar or identical trademarks. Suppose someone tries to trademark “Bilseri” or “Bisslery” for “Bisleri” or “Parle-J” for “Parle-G.”The trademark misrepresents the brand or attempts to fraud the public.Trademarks that might take unfair advantage of similar or identical trademarks.Trademarks that might prove to be derogatory to the distinctiveness of a similar or identical trademark.	Request the examiner to correct the trademark application or exclude some goods and services by filing a request using form TM -16.
Descriptive Trademark	The trademark merely describes the quality, quantity, nature, value, purpose, or time of production of the goods.	Request the examiner to correct the trademark application or exclude some goods and services by filing a request using form TM -16.

Apart from these, the examiner can raise an objection if:

1. The trademark shows a geographical origin.
2. The trademark has scandalous or obscene or vulgar words and phrases.
3. The trademark hurts religious or cultural sentiments.
4. The trademark was filed under wrong trademark class or with false description.