What is Trademark Objection

By Trademark Bazaar - 26th September 2017

What is Trademark Objection

The trademark is a unique slogan, logo, symbol, color combination, smell that is associated with the product or service to uniquely identify its source. Trademark objection refers to the situation wherein the department does not approve the trademark filed and has raised an objection on the same. An objection from the department is raised in case it fails to meet the legal norms. 

The process of registration of the trademark begins with the scrutiny of the application filed by the applicant. The trademark filed will be examined to check whether it complies with the relevant provisions of the trademark Act or not.

Examination of the application will be done in accordance with the provision of section 9 and section 11 of the Trademark Act. Section 9 provides the reason for absolute objection and section 11 gives the reason for the relative objection. These objections provide that the trademark applied shall be unique inherently or should have acquired uniqueness through its usage.

The department is required to prepare a report stating the various reasons for the objection. Once an objection is received on any application then its status will change into “objected”.

The applicant can download the examination report from the trademark website. In case any objection is received then the applicant is required to respond to the same within the time period of 30 days. If the applicant fails to do so then the application will be considered as abandoned.  

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