The best way to make sure that your product stands out in a crowded market is to use a trademark. Although trademarks can be anything from a word to a symbol or a phrase, trademarks help you distinguish your product from other companies. The registration of a trademark, which allows a business to use specific shapes, symbols, and colors on its goods, requires careful planning and execution. In India, trademark registration requires approval from the registrar of trademarks. The registrar may object to a trademark request if it is not properly handled, leading to a trademark rejection or delay.
Your trademark application will be reviewed by the office that receives your trademark application to determine whether it could be confused with another already registered mark or another mark already in use. Imagine they find a legitimate reason why your mark is not similar to the others. In that case, you will receive a notice of trademark objection. This article explains what you should do if your trademark application is opposed by the registrar.
A GUIDE TO REGISTERING A TRADEMARK:
It is possible to break down the trademark registration process into three steps, which we will demonstrate below:
- Classes that need to be applied for are advised to you.
- The Trademark Directory is our primary resource for conducting a thorough search of trademarks.
- You will receive regular updates until the process is complete.
THE OBJECTION GROUNDS ARE:
In the absence of distinctive characteristics, such as a common surname, name, place, section of society, geometrical device, etc., a trademark may not be deemed distinguishable from other goods or services. Furthermore, it may be objected to for being too broad or unrelated to the applicant’s products or services.
In response to an objection, follow these steps:-
- An application for a trademark can be refused if there is a visual or phonetic similarity. However, you will need to clearly prove the following:
- Different types of goods are marked differently.
- There are no similarities between a resembling mark and the resembling mark, or it belongs to a different industry, business, or trade.
- Purchasing goods with resemblances to trademarks or placing orders differ from the method used to do so.
- Give the consumer a sense of certainty concerning the goods’ origin or source by describing any surrounding circumstances.
- Classifications are Inaccurate:
Trademark registrars publish the International Classification of Goods and Services on their websites. If you find an error, you can correct it by filing form TM-16.
EVIDENCE TO BE SUBMITTED TO THE REGISTRAR:
You must include a collection of documents with your application for trademark registration.
- In the case of 3D marks, accurate pictures of the mark are required, as well as proof of usage on goods, the official website of the applicant, and trading circles.
- By showing the differences between the marks or by altering the marks, similarity can be demonstrated.
- Upon obtaining a no-objection certificate from another trademark’s owner, you can make your trademark similar to theirs.
- It is possible that the Registrar will find the trademark unrealistically broad or unlikely to be used by the applicant for the goods or services described in the application. It would be necessary to show that your trademark is already being used or that you intend to use it on all the goods and services listed. The proprietor might provide actual proof of the existence of such goods if they already exist.
- As evidence, business plans, templates, maps, and prototypes are also acceptable. It is also possible to submit the ‘object clause’ of the Memorandum of Association as evidence.
CAN TRADEMARK OBJECTIONS BE FILED OFFLINE?
In addition to submitting a trademark objection reply through the mail, the Trademarks Registry’s head office also accepts in-person submissions. Additionally, any affidavits or supporting documents will likely be attached to the reply.
ONLINE TRADEMARK OBJECTION REPLY: WHAT IS THE PROCESS?
A ‘Response to Examination Report’ can be submitted by you or your authorized agent in response to objections in the examination report. As a further measure, a copy of the Reply to Examination Report can be scanned (in color pdf format) and sent to parm.tmr@nic.in in response to objections.
IN THE EVENT THAT A TRADEMARK IS UNDER OBJECTION, WHAT IS THE PROCESS FOR FINDING OUT?
A trademark application that has been objected to will appear on the Trademark Registry’s website.
