In the Indian Trademark registry of the Trademark status shows as ‘Objected’ that means, registrar or the examiner has raised one or more objections in the examination report.
If the Trademark examiner finds anything inappropriate or misleading about the Trademark, he can oppose it. The Trademark officer prepares a comprehensive report, where he listed these objections, this report is known as Trademark Examination report.
After examination of the Trademark Status Objected India online, Objection may be raised by the registrar/examiner under Section 9 and Section 11 of the Trade marks Act
According to Section 9, when the registrar/examiner considers the trade Mark to be descriptive of goods/generic/laudatory/indicating quality or nature of goods.
Section 11 of Trademark Objection and Trademark Objected India Online is made by the registrar, if there is any identical/similar Trademark in respect of identical/similar goods or services already on record in the Trademark mark registry.
There are many reasons for the Trademark Objection. It can be happen due to any similarity between any already existing Trademark.
Some of the major reasons due to which the application can get Objected, are:
- Incorrect Trademark form
The examiner can raise the Objection if the application is not made on the correct form
- Incorrect applicant name
In the Trademark application, it is required to fill the correct name of all partners and correct name of the partnership firm
If the applicant failed to fill these information correctly, then his application can get rejected
- Failure to file the Trademark form TM-48
For the Registration of the Trademark, the form TM-48 must be filed by ab attorney or by an agent appointed by the owner
- Incorrect address on Trademark application
In order to register the Trademark, the owner have to fill all the information correctly. If the application has not mentioned the principal base of the applicant, then the examiner can raise the Objection
- Existence of similar Trademark
If the Trademark have any resemblance or similarity with any already existing Trademark, the examiner can raise the Objection.
The Objection will be raised under Section 11 of the Trademarks act
- Trademark is deceptive in nature
The examiner can raise the Objection, if the Trademark have anything deceptive. If the examiner feels that the Trademark is deceiving the public in terms of its use, nature and quality, he can raise objection.
When the Trademark status is objected, it is important that a response should be filed within one month from the date of receipt of the hard copy of the notice. An effective argument must be put forward to overcome the Objection.
If the response is not filed in the stipulated time, the Trademark application will get rejected.
In order to overcome the Objection the person must have to show that the Trademark is different from the other exciting Trademarks. The reply must contain the reasons, facts and evidence in their favor.
The objection reply can be submitted online and then an acknowledgement receipt of the reply will be given to the applicant.
If the Trademark examiner finds the reply sufficient, he would allow the Trademark to be published in the journal.
If the examiner is not satisfied with the response he can refuse the registration of the Trademark.
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