Trade Mark Objection Reply

Humans are creative pals, and that is why Intellectual Property Rights hold significance in the legal realm. While it signifies intellect, it protects bigger interests, those of businesses as well. Trade mark is one of the IPRs which assures business identity and protects against anyone else misusing the identity or making unjust gains by the said mark. The process of registration of Trade Marks involves several milestones. One of them is Trade Mark Objection Reply, which has been discussed here. 

What is Trade Mark Objection?

When a person or organization applies for registration of Trade Mark, the same is examined thoroughly. The Trade Marks Act, 1999 provides for absolute and relative grounds based on which Trade Mark registration may be refused. A Trade Mark Objection signifies certain points of issues or conflicts, raised by the registrar for the specific application. 

Most Common Grounds for Trade Mark Objections

• Similarity to already registered or pending trade mark

• Lack of distinctiveness

• Obscene words/marks/images

• Geographical or International Proprietary names

• Incomplete documents

• Disrespecting to a particular religion

How to remove a Trade Mark Objection?

When an objection is received against a Trade Mark application, the applicant has to analyse the contents of the objection. Based on the pointers which counter the Trade Mark, one has to take note of the issue and accordingly justify their stance. This is followed by filing the Trade mark objection reply, hearing of all the parties concerned, and then deciding for registration. 

Where to reply for trademark objection?

If a person receives objection against a Trade Mark application, the same has to be replied with within the given time frame. The reply to Trade mark objections is addressed to the Registrar under whose name the objection was communicated. One can also avail Trade mark services, where professionals assist with selecting the safer marks, take charge of the registration process and also the Trade mark objection reply.  

Can I change the trademark name after an objection?

Yes, an applicant can make changes to the particulars, provided that such changes are minor and do not change the identity of the mark or the goods/services. If a major change is sought to be made in the trade mark, a fresh application may be required to be filed by the Registrar. 

Can I withdraw an opposed trademark?

Yes, rather than going for a Trade Mark objection reply, the applicant can opt for withdrawing the application itself. In fact, there is a provision under the Trade Marks Act stating the repayment of any fee paid by the applicant while filing the application in case of withdrawal. 

What is the difference between Trade Mark Objection and Opposition?

People often use the two terms simultaneously. However, there is a major difference in the source of who is raising concern. While Trade Mark Objection signifies pointers raised by the Registrar during examination of a particular application for registration, opposition conveys the concerns raised by third parties/ private individuals.