After the proper examination of the application filed the examiner may either approve the application or it may raise the objection on some relevant grounds. The applicant is required to file a reply to the objection within 30 days. The fee for filing reply to the objection raised is very minimal.
The trademark application 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.
Grounds of objection
There may be a number of reasons for which objection can be raised. Some of the reasons for which objection can be raised are as below-
• Trademark filed is Misleading- An objection is raised by the trademark examiner if it seems to him that the trademark filed will deceive the general public with regard to its use, nature, quality and character. It will basically mislead the people about the related goods or services.
• Identical Trademark already exists- An objection shall be raised by the examiner if the trademark filed resemble or have some kind of similarity with any existing trademark. This objection is raised as the similarity in the trademarks is likely to cause confusion in the minds of the public at large.
• Vague specification of goods and services- An objection will be raised by the examiner if it deems that the specification provided in respect of good and service is too vague or it encompasses the large number of goods and services in one class. In response to the objection, the applicant is required to provide the exact items in respect of which the trademark is sought.
• Use of incorrect Trademark form- An objection shall be raised by the examiner in case the application is filed in the wrong form. The examiner will inform the applicant about the correct form number that is required to file. In respond to the objection the applicant is required to file the application again in the correct form.
• Incorrect applicant name and address- An objection will be raised by the examiner if the name of the applicant or the address of the applicant filed is incorrect.
• Lacks distinct character- In case the trademark lacks any unique character than an objection will be raised by the examiner. As one of crucial requirements for registering the trademark is that it should be unique.
• Fails to file Trademark Form- when a trademark application is filed by trademark attorney or the trademark agent on behalf of the applicant then the prescribed trademark shall also be filed. The examiner will raise the objection if this form is not attached or is incorrectly executed.
Cost of Trademark Objection
When any objection is received 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. The fee for replying to the objection is rupees 2999/- only inclusive of all costs.
Further, generally, a time period of 3-4 days is taken in filing the reply to the objection raised.
For trademark registration in India, visit our website Trademarkbazaar