How to reply Trademark Objection by self?

During the trademark registration process, an individual of the Trade Mark Registrar may object to trademark registration. It could be due to many reasons such as similarity with an existing trademark, usage of misleading and offence words, absence of a distinct design, etc. You must know that the trademark should not be the same or identical to any other registered trademark in the market; it must be unique and different from other registered marks. Trademark is one of the most important things to protect intellectual property in India. The Trademark Act 1999, including registration, objection, and protection of a trademark with authority. In this blog, we are discussing the process of Trademark Objection.

There are two ways when another party can object the trademark registration:

• When the trademark logo or name is published on Trademark journal.
• The applicant uses the mark or logo before its registration.
• When the objection is raised, an applicant can file an objection reply within a month.

Following are some benefits of objection on trademark:

• Prevent rejection or neglecting: Already registered or existing trademark will be saved from being rejected, and it will be considered for further processing.
• Highlight the uniqueness of the mark: When the response to the objection cites the uniqueness of the mark, then the possibility of it getting registered becomes higher and protecting the brand or mark against any violations.
• File an Appeal, not a new application: It always better to file a trademark appeal in case of an objection against the Registrar rather than file a new application.

Following are the reasons where objections on the trademark can be received:

• Filing of Incorrect Application Form:

If an applicant files the wrong form for the trademark registration, then the examiner can object.

• Incorrect Trademark Applicant Name:

If the name of the applicant in the form is not similar as provided in the PAN card, then the examiner can object. The applicant's name should match the name mentioned in PAN. So, at the time of filing the application form, please double-check the spelling of the name.

• Usage of Misleading or deceptive words:

If any trademark logo or name is deceptive in nature or usage of any false terms about the product shall be rejected.

• Usage of offensive terms:

Not use of any offensive terms in a trademark which can be lead to the rejection.

• Lack of information on Goods or services:

When the trademark application failed to provide essential information on Goods or Services, the examiner may reject the trademark application.

• Existence of an identical mark:

If the logo is same or identical with any other already registered logo, the examiner shall object.

Following are some essential documents required for the trademark objection in India:

• Submit a letter of Authorization.
• Affidavit of usage.
• Examination Report.
• Notice of trademark hearing.
• Submit documentary proof of Trademark in commercial use.
• A duly appointed applicant or Attorney has to appear before the authorities on the planned date.

When an objection is raised, the status will be marked as "Objected". To file a response in the event of a trademark objection, you have to follow the following steps:

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Step 1: Study the Trademark Objection carefully:

Once the objection for the trademark is received, the applicant shall study the objections carefully to leave no room for uncertainty.

Step 2: Drafting of Trademark Objection Respond:

After analyzing the objection, the next step is to draft a trademark reply along with the following:

• An affidavit stating the usage of trademark, advertisement in the media, any proof of availability of trademark online, publicity material, availability of trademarked product on e-commerce site, etc.
• The response draft is filed online on the Trademark e-filing portal.
• Give an appropriate answer to the objection, along with the supporting rule of law and judgments supporting the case.
• Other supporting documents and evidence that authenticates the response.
• Difference between the applicant’s mark and conflicting mark.

Step 3: Trademark Hearing:

If the authority accepts the reply, then it will proceed further for the registration. If the reply is not accepted, the authority can go for further clarification, the examiner schedule the hearing and the same will be notified through hearing notice.

Step 4: Publications in the Trademark Journal:

After the hearing, the trademark is granted and accepted, and the trademark will be published in the trademark journal. If the trademark is rejected after the hearing process, then it will be refused. Receipt of refusal order, the applicant can file a review petition to the Intellectual Property Appellate Board (IPAB) within 30 days from the receipt of refusal.

Step 5: Registration:

Once the trademark is published in the journal, it will remain open for four months for the opposition. If there is no receipt of any opposition during the stated period, then it shall proceed further for the registration. After the completing the registration process, the authority will issue the registration certificate, which contains the registered logo along with the class.

It is a very tough task and requires a lot of attention while applying for trademark registration. To avoid any trademark objection, it is advisable to hire a lawyer or an expert who are aware from all the process at the beginning of the registration process to avoid the objections because it will save your money and time.

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