Trademark Objection

Trademark examination report

• After the trademark registration application is submitted and examined by the trademark officer, an examination report is sent to the trademark applicant. It is also put up on the trademark office website along with details of the trademark application.
• The applicant or the authorized agent then gets a chance to submit a reply to the trademark examination report with a rebuttal if there is an objection by the trademark examiner.
• The response is then considered, and if the objection can be waived off based on the applicant's response, then the trademark application gets accepted for registration. The trademark gets published in the journal.

Reply to Trademark Examination Report

• The response for an objection in the trademark examination report can be submitted by the applicant or by an agent who the trademark applicant authorizes.
• This reply can be submitted online through the trademark office website or even in person or by post.
• Any affidavit and support documents are also to be submitted along with the reply to the examination report.

Objections as to Formality Requirement

In case of objections as to formality requirements, the applicant should comply with the conditions that are desired by the officer.

For instance :

Suppose the trademark applicant has called for the consent of a person whose portrait appears on the trademark. In that case, the applicant must submit the person's consent in writing with the supporting documents or state that the picture appearing on the trademark is not of a specific person but is a generic image.

The objection as to the Wrong Classification of Trademark Class

The objection can be caused due to the goods or services mentioned in the application do not fall in the correct trademark class; the trademark applicant may file a request to correct the class or the state as per the classification of goods or services published by the registrar have been rightly classified.

However, getting proper legal advice is necessary for the correct classification of goods and services before submitting a reply to the examination report for objection as to the wrong category of trademark class.

The objection as to Trademark Lacks Distinctiveness

In case of objection as to non-distinctiveness of the trademark, the applicant can submit a reply to examination report establishing that the trademark applied for registration is capable of distinguishing the applicant's good or service, pr the brand has acquired a distinctive character because of its extensive use concerning relevant goods or service, before the date of application.

Suppose the trademark has acquired distinctiveness by its extensive use. In that case, the applicant should file an affidavit as evidence of using the trademark and its supporting documents.

The objection as to Identical or Similar Trademark Exists

Suppose the objection is on the relative grounds of refusal because of identical or similar trademarks regarding similar goods or services. In that case, the applicant can also produce consent or no consent objection from the proprietor of marks cited as conflicting in the examination report.