
Trademark Objection in India – an Overview
Trademarks are important intellectual property for business. In a year multiple trademarks are applied. Not all the trademarks are accepted. Some trademarks are rejected and are not registered. Examiners search databases in order to find older trademarks that are identical to or confusingly similar to the mark under consideration. The trademark examination report summarises the results of the trademark examiner’s investigation and the reason for trademark objection process.
The office that receives your trademark application will look over your mark to see if it could be confused with another already registered mark or other marks already used in the market. Suppose they find a legitimate reason for why your mark is not similar to the other marks. In that case, they will issue you a notice for trademark objection in response. This is the very first step in the trademark opposition process.
How to Write an Objection Reply for an Indian Trademark
It will be up to you to explain why your mark differs from the other marks. Responding to the trademark examiner’s objections is called an ‘objection reply’. The trademark examiner’s response to your mark should help you explain why your mark isn’t similar to the opposition. Describe the goods and services your trademark relates to. Trademark examiners typically ask for responses in a specific format.
Trademark Registration Process: Examination / Objection
- Stage 1: Filing a trademark application
- Stage 2: Review of the application / Formality check / Vienna codification
- Stage 3: Trademark examination / Opposition / Hearing
- Stage 4: Opposition / Hearing / Publication in the trademark journal
- Stage 5: Registration of the trademark.