Reasons for Trademark Objection
Once a trademark application is filed, a trademark examiner scrutinises the appliance. This can be done to ensure the appliance isn’t at odds with any trademark rules. A trademark application will face an objection for any of the following reasons:
Once a trademark application is filed, a trademark examiner scrutinises the appliance. This can ensure the device isn’t at odds with any trademark rules. A trademark application will face an objection for any of the following reasons:
Use of incorrect trademark type
The trademark examiner will object if the appliance isn't created in the proper form. The examiner’s statement can read as follows: the device is made on form TM-A for certification mark regarding products and services falling in the same 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 authorisation
Whenever a request for trademark registration is filed by a trademark professional or associate degree agent, the form should be filed and hooked up consequently (a letter authorising the agent or attorney). The objection will be corrected once the applicant corrects the appliance by pointing to the shape TM-M.
Incorrect address on the trademark application
If 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 above.
Vague specifications of products or services
The trademark exobject projection to the extensive range of products and services mentioned within the application or that the list mentioned is too obscure to be considered. If such an objection is raised, the applicant should file a request on TM-16 to correct the protest and list down the specific things that the trademark is sought.
Existence of a similar trademark
The examiner would object if the trademark sought bears any alikeness or similarity to one thing that already exists. The objection will be raised underneath section 11(1) of the Trade Marks Act as identical or similar marks regarding identical or similar description area unit there on record. It will, therefore, confuse the masses. In such a case, the applicant will justify their trademark by proving that it is entirely 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, they should prove that the trademark will have a personality of its own as a result of its previous use.
Trademark is deceptive
The trademark examiner will object if the latter feels that the trademark will deceive the general public regarding its use, nature, quality, and 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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