Understanding Trademark Status: Objected

Under the Trade Marks Act, 1999 in India, trademark applications are examined by the Registrar of Trade Marks to ensure compliance with statutory requirements. Should the Registrar identify any deficiencies in an application, an objection may be raised against it.

When you apply for trademark registration in India, the Registrar of Trade Marks examines your application to ensure that it complies with the requirements set out in the Trade Marks Act, 1999. If the Registrar finds any issues with your application, they may raise an objection to it. The “Objected” status means that the Registrar has indeed raised an objection to your application.

When a trademark application is objected to, its status is updated to “Objected.” This indicates that the Registrar has identified issues with the application, such as the presence of similar trademarks, a lack of distinctiveness, descriptiveness of the mark, the generic character of the mark, or inappropriate use of national emblems.

There are several reasons why a trademark application may be objected to. Here are some of the most common reasons:

1. Similarity with an existing trademark: If your proposed trademark is too similar to an existing registered or pending trademark, the Registrar may raise an objection. The reason for this is that your trademark may be confused with the existing trademark, leading to customer confusion.
2. Lack of distinctiveness: For a trademark to be registrable, it must be distinctive, meaning it should be capable of distinguishing the goods or services of one person from those of another. If the Registrar believes that your trademark is not distinctive enough, they may object to your application.
3. The descriptiveness of the mark: If your proposed trademark is merely descriptive of the goods or services you provide, the Registrar may object to it. For example, if you want to register the word “sweet” as a trademark for confectionery, the Registrar may object to it as it is a descriptive term.
4. Generic nature of the mark: If your proposed trademark is too generic, meaning it is a common name for a type of goods or services, the Registrar may object to it. For example, if you want to register the word “apple” as a trademark for apples, the Registrar may object to it.
5. Inappropriate use of the national emblem: If your proposed trademark includes the national emblem of India or any insignia or emblem that resembles it, the Registrar may object to your application.

What Should Be Done Next?

When an objection is raised against your trademark application, the Registrar will issue a notice of objection setting out the reasons for the objection, along with relevant legal provisions. You will then have a period of one month to provide a response to the notice of objection, addressing each objection raised by the Registrar and presenting evidence in support of your position.

If the Registrar is satisfied with your response, your trademark application will be accepted, and it will be published in the Trade Marks Journal. However, if the Registrar is not satisfied with your response, they may refuse your trademark application. In such a scenario, you have two options available to you: you may either file an appeal with the Intellectual Property Appellate Board (IPAB), or you may choose to reapply for trademark registration once you have addressed the issues raised in the objection.

In any case, it is advisable to seek the assistance of a qualified trademark attorney who can provide guidance on the best course of action based on the specific facts and circumstances of your case. The attorney can also help you to prepare and file the necessary documents and provide representation before the Registrar.