Trademark Objection Reply
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What Is Trademark Objection
After filing the Trademark application, a thorough examination is conducted by the Trademark Examiner. At this stage, the officer meticulously reviews your chosen brand name to ensure it complies with all regulations. If any issues arise, they will notify you. In the absence of objections, the Trademark application is accepted and published in the Trademark Journal.
A trademark objection is raised by the Trademark Registry when concerns emerge about your application. These concerns may include similarities with existing trademarks or problems with the classification of goods and services. The responsibility then falls on the applicant to respond effectively and address these concerns. Resolving these issues is crucial to ensure the smooth registration of your brand name.
Trademark objections are common. When an objection is raised, it’s essential to carefully analyze it and submit a well-considered reply. The response to Trademark objections must be filed within 30 days of receiving the Examination report. Failure to do so within the specified time frame will result in the application being marked as “Abandoned.”
With the help of My Trademark Guide, dealing with these issues is easier, helping you get your trademark registered smoothly.
Documents Required For Trademark Objection Reply
For Replying to the Trademark objection, we require the following from you:
Authorization Letter
Our team will share the format of the authorization letter. This authorization letter is necessary so we can file the reply on your behalf.
Proofs of Use
If you are already using the mark, we will require proofs of use of the mark like invoices, advertisement expenses, turnover proofs, etc.
My Trademark Guide is your reliable partner in the process of trademark registration. We provide expert guidance and support to make the journey hassle-free. You can trust us to help you compile all the required documents and navigate through the complexities of the registration process. Start securing your brand identity today by choosing us!
Types of Trademark Objections
A Trademark objection may be raised in the following cases:
- Trademark Application filed in Wrong Form
- Applicant’s data is wrong or incorrect
- Authorization not filed properly
- Trademark application filed in wrong class
- Incorrect Service/Goods description
- Service/Goods Description not matching with the Trademark class
- Lack of Distinctive character in applied Trademark
- Applied Trademark similar or identical to existing Trademark
- Applied Trademark is descriptive
- Using Offensive or deceptive terms in the Trademark
- Common language words or Surnames
- An association to national flag and emblem
- Error in User affidavit
- Proofs of use not filed with Trademark application
Grounds for Trademark Objection
There are two types of grounds on which a Trademark is objected to, these are Absolute Grounds and Relative Grounds.
Absolute Grounds
The absolute grounds are mentioned under section 9 of the Trade Marks Act, 1999.
Under section 9(1) of the Trade Marks Act, 1999:
“The trademarks-
(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;
(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;
(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered”
Under section 9(2) of the Trade Marks Act, 1999:
“A mark shall not be registered as a trade mark if—
(a) it is of such nature as to deceive the public or cause confusion;
(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
(c) it comprises or contains scandalous or obscene matter;
(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).
Under section 9(3) of the Trade Marks Act, 1999:
“A mark shall not be registered as a trade mark if it consists exclusively of—
(a) the shape of goods which results from the nature of the goods themselves; or
(b) the shape of goods which is necessary to obtain a technical result; or
(c) the shape which gives substantial value to the goods.”
Relative Grounds
The relative grounds are mentioned under section 11(1) and (2) of the Trade Marks Act, 1999.
Under section 11(1) of the Trade Marks Act, 1999:
“Save as provided in section 12, a trade mark shall not be registered if, because of—
(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or
(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.”
Under section 11(2) of the Trade Marks Act, 1999:
“A trade mark which—
(a) is identical with or similar to an earlier trade mark; and
(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.”
Process To Reply The Trademark Objection
When the Trademark application faces objections, the Trademark department sends the examination report to the applicant and their agent via email. There is no government fees to reply to the trademark objection. In order to reply to the Trademark examination report, the below mentioned process shall be followed:
- Understand the Objection: The first step is to carefully read and analyze the objection raised in the examination report. Try to grasp why the examiner raised the objection.
- Drafting the Reply: Once you have a good understanding of why your trademark application is objected to, draft your reply carefully. Consider the following points:
- Keep the reply brief and focused on the objection.
- Address each objection separately.
- Refer to relevant case laws to support your case.
- Provide evidence of use if you’re already using the mark.
- Request the Examiner not to reject the application without a chance for a hearing.
- Submit the reply: After drafting the reply, submit it to the Examiner of Trademarks. You can do this either online or offline.
- Review of Reply: The Examiner reviews the submitted reply. If satisfied, they may accept the Trademark and publish it in the Journal.
- Further Action: If the Examiner remains unsatisfied and seeks more clarification, a hearing may be scheduled for the future. The applicant or their agent can attend the hearing to address concerns and potentially gain acceptance and get the Trademark accepted if the examiner is satisfied.
Responding to Trademark objections without technical knowledge can be challenging and may reduce the chances of acceptance. My Trademark Guide makes filing replies to examination reports easier. Contact us today to simplify the process and increase your chances of acceptance.
How To Submit Reply To Trademark Objection
Online Submission:
- Log in to the E-filing portal at https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx
- Navigate to the Miscellaneous Reply section.
- Submit the reply through the online portal.
Email Submission:
- Send the reply to the Trademark department at parm.tmr@nic.in.
- Ensure that the reply is attached and relevant details are included in the email.
Physical Submission:
- Submit a physical copy of the reply directly to the Trademark department.
Choose the method that is most convenient for you or your agent. Whether online through the portal, via email, or physically submitting, make sure to follow the specified guidelines for each submission method.
How To Avoid Trademark Objections
Consider the following guidelines when selecting your Trademark to avoid unnecessary objections:
- Avoid Descriptive Terms: Stay away from the words or phrases that directly describe the character or quality of your goods or services. Similarly, refrain from using geographical names that are associated with the reputation or quality of the goods or services.
- Conduct Market Research: Before finalizing your Trademark, conduct thorough market research to ensure that no identical or deceptively similar marks are already in use. Avoid copying or imitating another person’s Trademark, even if the goods or services differ.
- Seek Professional Advice: Consider consulting a professional Trademark agent who can assist in conducting a comprehensive trademark search to verify availability. Additionally, they can help assess various parameters to prevent objections during the Trademark registration process, ensuring a smoother journey toward registration.
Difference Between Trademark Objection And Opposition
There is often confusion between the terms “objection” and “opposition” in the context of trademarks. Although these terms are sometimes used interchangeably, they carry distinct meanings. An “objection” refers to concerns raised by the Trademark Examiner regarding the application filed for registration. On the other hand, a “trademark opposition” occurs when a third party challenges the validity and registration of the trademark.
Trademark Objection Reply Sample
To,
The Registrar of Trade Marks Date:
Office of the Trade Marks Registry,
Reference: Application No.-……………………
Subject: Reply to the Examination Report dated ………………………
Dear Sir/Ma’am,
This is in response to the Examination Report of the Application Number “………………” for registration of the subject mark “……………………” in class …………….
Our humble submissions with respect to the objection stated in the Examination report are as under:
- In the para 1 of the said examination report, the Ld. Examiner has raised an objection that similar/same trademarks are already on record of the register for the same or similar goods and save as provided in section 11 a trade mark shall not be registered if, the mark is similar to earlier marks in respect of similar description of services and because of such similarity there exists a likelihood of confusion on the part of the public.
The search report attached with the examination report exhibits the following marks as conflicting with the applied trade mark “……………”:
S. No. | Application No. | Conflicting Mark/Logo | Goods/Services Description |
1 | …………… | …………………… | …………………… |
On closely looking at the details of above mark and a close reading of the provisions of section 11 and 12 of the Trade Marks Act, 1999 [the Act] we humbly submit that the mark specified as conflicting in the examination report differ with the contention raised by the Ld. registrar in the examination report. It is submitted that applicant’s mark is inherently distinct in nature and character and consequently is highly capable of distinguishing itself and goods from those others without any confusion or deception.
It is further submitted that as regards the said cited marks on the basis of which the present objection has been raised are not same or identical with Applicant’s mark as in order to attract the provisions of section 11 of the trademarks Act, the key ingredients are:
- Identity of marks and similarity of goods, and
- Similarity of marks and identity of goods.
The present case is however none of the above. The marks cited by the Ld. Registrar are neither similar with identical goods and nor are identical marks with similar goods.
To elaborate our humble contentions, we additionally submit that the mark which is termed as conflicting by the Ld Registrar in the said examination report have no word in common and does not support the argument that the mark is similar and there exist a likelihood of confusion on part of the public.
We further submit that the applicant has been openly, uninterruptedly and continuously using the above-mentioned mark in India for said goods.
We would further like to draw the attention of the learned Registrar towards provisions of sub- section 5 of section 11 which reads as under:
“A trade mark shall not be refused registration on the grounds specified in sub-section (2) and (3), unless objections on any one or more of those grounds are raised in opposition proceedings by the proprietor of the earlier trademark.”
Thus, on the above grounds, the objection raised by the learned Registrar may be set aside and the application may kindly be allowed to proceed for advertisement. Taking into consideration the above mentioned facts and the gist of provisions of law, we humbly prays that the objections raised by the learned Registrar may kindly be set aside and application may kindly be allowed for advertisement.
It is further requested that no final adverse order be passed against us without giving us the opportunity of personal hearing. For this act of kindness, we will pray for as ever.
HENCE THIS SUBMISSION.
All communications relating to representation may be addressed to the undersigned:
For …………………… (Applicant Name)
Why Choose Us
In the ever-changing world of Indian business, it’s crucial to safeguard your brand’s identity. This means getting a trademark, a unique symbol that sets your business apart. Yet, the path to trademark registration can be challenging. Numerous businesses face trademark objections, a crucial point where a carefully crafted response is essential to protect your brand’s reputation.
At My Trademark Guide, we understand the significance of safeguarding your brand identity in today’s competitive business landscape. As a leading provider of Trademark services, we take pride in offering comprehensive and seamless solutions to protect your intellectual property. Here’s why choosing us is the smart and strategic decision for your Trademark services in India:
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Cost-Effective Solutions
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Frequently Asked Questions (FAQs)
A trademark is a unique symbol, logo, name, or any combination thereof, used to distinguish goods or services of one business from another. It helps in building brand identity and protecting intellectual property.
A trademark objection is raised by the Trademark Registry when concerns emerge about your application. These concerns may include similarities with existing trademarks or problems with the classification of goods and services.
The reply to Trademark objection is required to be filed within 30 days of receipt of the Examination report.
Trademark can be objected either on Absolute or Relative grounds mentioned in the Trade Marks Act, 1999.
The reply can be filed either online by logging into the Trademark portal or by mailing it to the department. It can also be submitted physically to the Trademark department.
The documents required to file reply to Trademark objections include- authorization letter, proofs of use etc.
Trademark objection is a concern raised by the Examiner during scrutinizing the Trademark application. However, an opposition is a challenge filed by a third party to stop the Trademark from getting registered.
If the reply to Trademark objection is not filed within 30 days of receipt of the examination report, then the Trademark application may be marked as “Abandoned”.