It is possible to object to a trademark application when it is filed with the examiner, with the public, or by any other third party. Examiners object to trademark applications during the initial stage of the trademark registration process for a number of reasons. The trademark objection can’t be the reason for rejection; in any case, the registrar looks for further explanations and clarifications about the logo. As well as objecting to the trademark for public interest purposes, a third party can object to it. Objections to the registration of a trademark can be made in two ways:
On the day that the trademark is posted on Trademark Journal. When a candidate uses a mark before it is registered. Upon receiving the trademark status objection, the applicant should respond in a comprehensive manner within one month.
The purpose behind Trademark Objections
Brand name analysts investigate the application for accuracy in the endless supply of applications. There are a number of reasons why a trademark status objection may be made:
When the candidate files the wrong form to register a trademark, the examiner may object.
Incorrect Applicant Name
Candidates’ names are double-checked, and should match those on their PANs. In the subsequent step, it is necessary to cross-check the spelling of the name twice.
Utilization Of Deceptive Words
In the event that a trademark name or logo is tricky or is misleading in nature, the application will be denied.
It is essential that trademarks do not include offensive terms that could result in their rejection.
Insufficient Information On Goods Or Services
If the trademark application fails to include sufficient information, in brief, the trademark examiner may reject the application.
Identical Logo Already Registered
When a proposed trademark is identical or similar to an already registered logo, the examiner shall state the reason for raising an objection to the trademark.
Agenda for A Trademark Objection
Trademark Examiners examine trademark applications to make sure they don’t conflict with trademark rules. The following reasons can be cited for a complaint about a trademark application:
Documenting Of Incorrect Trademark Form
Trademark will raise an objection if the application is not filed correctly. Form TM-4, for example, is used for registration of aggregate marks for merchandise and enterprises in a particular class. The TM-51 is used for the registration of trademarks for a variety of classes of merchandise and enterprises.
Incorrect Trademark Applicant Name
In order to register a trademark, the real name of the applicant needs to be documented and the spelling should be double-checked.
Utilization Of Deceptive And Offensive Terms
A trademark name that contains deceptive terms or that misleads or tries to deceive customers will be dismissed. For example, a company branded “Vanilla chocolates” that sells chocolate flavors might be incredibly misleading. In addition, trademark registrations containing offensive terms will be rejected.
Deficient Information On Goods/Services
Whenever a trademark application fails to describe in detail the goods and services of a business, the Trademark Examiner may dismiss the application because of unclear information.
Presence Of An Identical Mark:
A trademark should not be similar to one already in use by the business. If the Trademark Examiner believes that it might create confusion among the general public, he or she can raise criticisms under the Trademarks Act.