Online Trademark Objection Reply

Already existing trademark

• This is the most common reason for the objection of a trademark application. The Registrar/Examiner raises it when there is an already registered trademark existing that is similar to the one proposed by the applicant. This may cause a likelihood of confusion on the part of the public between the trademarks.
• This kind of objection is raised by the Registrar/Examiner under Section 11 of the Trademarks Act 1999.

Lack of Distinctive character

• This is another common reason for the objection of a trademark application, it is raised by the Registrar/Examiner when the trademark is non-distinctive and as such and is not capable of distinguishing the products and services from one another.

For example, the words like Sugar, Carbon, Salt, etc. which lack distinctive character shall fall under this category of objection.

• This kind of objection is raised by the Registrar/Examiner under Section 9(1)(a)of the Trademarks Act 1999.

Descriptive Character

• This is the third common reason for the objection of a trademark application, it is raised where the trademark consists of words or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin, or time of production of the goods or rendering of the service or such other characteristics of the goods or service.

For example, trademarks such as 15 degrees thermometer, green garden, red apples, Belgium Chocolate, etc. shall be considered descriptive in nature.

• This kind of objection is raised by the Registrar/Examiner under Section 9(1)(b) of the Trademarks Act 1999.

Form TM-48 not filed

• The form TM-48 is filed in case the trademark application has been filed by the Trademark agent/attorney on behalf of the applicant. In case the same form has not been attached along with the application, or if it is filed incorrectly, the examiner could raise an objection.

Incorrect Trademark Form or Class

• If the trademark application has not been filed through an appropriate form, the examiner of the trademarks could raise an objection against the trademark application.
• Listing the correct class is also important while filing the trademark application. If the applicant has chosen the incorrect trademark class, then the examiner of the trademark holds the authority to raise an objection against the trademark application.

Deception in Trademark :

• In case the examiner finds the trademark application is deceiving in nature with regards to the general public or it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, or it contains scandalous or obscene matter, the examiner can raise a trademark objection.
• A trademark that consists exclusively of marks or indications which have become customary in the current language or in the bonafide and established practices of the trade may be objected to as well.

Unattached User Affidavit

• The applicant is required to attach a user affidavit along with the trademark application if there has been a claim of usage prior to the date of the application.
• If the examiner finds the user affidavit missing, he is authorized to put the trademark under the status of “Objected”.