Article explains meaning of the trademark objection, reasons for trademark objections or opposition. Reason for trademark objections or opposition generally includes Incorrect Trademark Form, Incorrect name of Trademark Applicant, Failure to file Form TM-48 (Trademark Application), incorrect address on trademark application, Goods or Service Specifications Aren’t Clearly Defined in Trademark Application, Existence of Similar Trademark, Absence of Unique Character in Trademark applied by Applicant and Trademark applied is Applied with an intention to Fraud.
Page Contents
- A. Meaning of the trademark objection?
- B. Reasons for trademark objections or opposition:
- i. Incorrect Trademark Form –
- ii. Name of the trademark applicant is incorrect-
- iii. Failure to file Form TM-48 (Trademark Application)
- iv. On a trademark application, the address is incorrect-
- v. Goods or Service Specifications That Aren’t Clearly Defined
- vi. Existence of a Trademark That Is Similar
- vii. The Trademark Doesn’t Have a Unique Character
- viii. It’s a Scam to Use a Trademark
A. Meaning of the trademark objection?
A trademark objection happens when a trademark examiner, the general public, or a third-party objection to a trademark’s registration. A trademark examiner for the government might object to a trademark registration application by requesting legitimate reasons for the mark. There might be two distinct causes for such a remark:
- Incomplete information in the application
- Existence of a trademark that is Similar
Furthermore, in the public interest, any third party or member of the public may register a trademark opposition-
- When the trademark is accepted for publication in a trademark journal
- When a trademark is used before it is registered.
Within four months, such an objection shall be lodged, with the basis for the objections stated explicitly.
The application status will be indicated as ‘Opposed’ once a trademark objection is lodged. In the event of a registered trademark, the Indian trademark registrar will designate it as ‘Objected.’ The applicant/trademark user will be provided with a notice alerting him of the objection and the grounds for opposition.
B. Reasons for trademark objections or opposition:
i. Incorrect Trademark Form –
The trademark examiner will raise an objection if the application is not submitted on the right form. The examiner’s statement will be as follows: The application for certification mark in respect of products and services falling into a class is made on Form TM-A; however, the form of the application shall be amended to TM-M by making a request .
ii. Name of the trademark applicant is incorrect-
The application’s name must include the names of all partners and be submitted in the name of a partnership business.
iii. Failure to file Form TM-48 (Trademark Application)
Whenever a trademark attorney or agent files a trademark registration request, the form TM-48 must also be filed and attached (a letter authorising the agent or attorney). When the applicant corrects the application by filling out the form TM-M, the objection can be removed.
iv. On a trademark application, the address is incorrect-
If the applicant’s primary base is not indicated in the application, the objection would be as follows: ‘The applicant’s principal base should be brought on record by filing a request on TM-M.’ The applicant must address the objection by taking the steps outlined above.
v. Goods or Service Specifications That Aren’t Clearly Defined
The trademark examiner may object to the application’s inclusion of a vast number of products and services, or to the fact that the list is too broad to be considered. If an objection is lodged, the applicant must file a TM-M request to rectify the objection and describe the specific products for which the trademark is being sought.
vi. Existence of a Trademark That Is Similar
If the trademark sought exhibits any likeness or similarity to something that already exists, the examiner has the right to oppose it. The objection will be made under section 11(1) of the Trade Marks Act since there are identical or similar marks on record for the same or similar descriptions, which may cause confusion among the general public. In this scenario, the applicant can defend his or her trademark by demonstrating that it is distinct from others currently in use.
vii. The Trademark Doesn’t Have a Unique Character
Trademarks that fail to differentiate one person’s goods and services from those of another are considered to be lacking of unique character, and hence subject to opposition. To overcome such an issue, the applicant must show that the trademark has its own personality as a result of its earlier usage.
viii. It’s a Scam to Use a Trademark
If the trademark examiner believes that the trademark can deceive the public in terms of its usage, nature, quality, or other factors, he or she might file an objection. In this instance, the applicant might file TM-16 to request an exemption of products and services from this specification.
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