Reasons for Trademark Objection

June 25, 2017

 

Once a trademark application is filed, a trademark examiner scrutinizes the appliance. This can be done to make certain the appliance isn’t at odds with any trademark rules. A trademark application will face an objection for any of the subsequent reasons:

 

Use of incorrect trademark type

 

In case the appliance isn't created in the right form, an objection would be raised by the trademark examiner. The statement of the examiner can read as follows: the appliance is created on form TM-A, for certification mark in respect of products and services falling in a very category, by filing a call for participation on TM-M. Shortly once this, the applicant should file a request on TM-M

 

Incorrect trademark applicant name

 

The name mentioned within the application should have the names of all partners and should be filed within the name of a partnership type. The same should be filed on TM-M

 

Failure to file trademark form for Power of authorization

 

Whenever a request for a trademark registration is filed by a trademark professional or associate degree agent, the form should be filed and hooked up consequently (a letter authorizing the agent or attorney). The objection will be corrected once the applicant corrects the appliance by filing the shape TM-M.

 

Incorrect address on trademark application

 

In case the application has not mentioned the principal base of the applicant, then the objection therefore raised would be as follows: ‘The principal base of the applicant should be brought on record by filing a request on TM-16.’ The applicant should correct the objection by doing the aforesaid.

 

Vague specifications of products or services

 

The trademark examiner will raise an objection over the large range of products and services mentioned within the application or to the actual fact that the list as mentioned is simply too obscure to be considered. If such on the objection is raised, the applicant should file a request on TM-16 to correct the objection and list down the precise things that the trademark is sought.

 

Existence of similar trademark

 

The examiner will raise an objection if the trademark sought bears any alikeness or similarity to one thing that already exists. The objection is going to be raised underneath section 11(1) of the Trade Marks Act as identical or similar marks in respect of identical or similar description area unit there on record, and will, therefore, produce confusion among the masses. In such a case, the applicant will justify his/her trademark by providing proof of the same being completely different from already existing ones.

 

Trademark lacks distinctive character

 

The logos that area unit unable to tell apart the products and services of 1 person from those of the opposite person area unit aforesaid to be innocent of distinctive character, and therefore chargeable for objection (read a lot of here). For the human to beat such associate degree objection, he/she should give proof that the trademark will have a personality of its own, as a result of its previous use.

 

Trademark is deceptive

 

An objection will be raised by the trademark examiner if the latter feels that the trademark will deceive the general public in terms of its use, nature, quality, and also the like. In such a case, the human will value more highly to apply for exemption of products and services from this specification by filing TM-M

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