When you file for a trademark in India, you may face objections. This can delay the registration princess, such objections may come about due to unavoidable mistakes, causing unnecessary stress and setback for businesses.
Usually, when you apply for a trademark, a Trademark Examiner reviews it and makes a search for earlier trademarks. If they find already existing trademarks that are similar to yours, they might reject it. But there are other reasons for trademark objection in India. So, let’s see them.
Legal Reasons for Trademark Objections in India
In the Constitution, Section 9(1) of the Trade Marks Act (1999) proposes that you cannot register if:
- You cannot distinguish the goods or services of the applicant’s form (your form) from other existing businesses that already exist
- Your form has signs that describe the nature, origin, quality, time of production, or characteristics of the services or goods,
On these grounds, the authority may not grant you the trademark registration. So, let’s see what those reasons could be.
5 Common Reasons for Trademark Objections in India
Be prepared to not make these mistakes as you file for your company’s or business’s trademark:
Incorrect Applicant Name
This article stresses that the applicant’s name must be entered in the trademark application exactly as received. If the name of the applicant for the trademark is wrong, the Trademark Examiner may object as follows:
“The application… [has] been filed in the name of a partnership firm. The names of all partners…are to be furnished by filing Form TM-16.”
Corrective Action: The applicant may respond to this objection by rectifying the trademark application through a fresh request using Form TM-16.
Not Filing Trademark Form TM-48
When a Trademark Attorney or Trademark Agent applies on behalf of the applicant they must attach the Trademark Form TM-48. If the form is not attached correctly or missing then the Examiner would raise objections.
The application needs to be submitted by a person other than the applicant with a duty-stamped Power of Attorney in favor of a particular agent needs to be filed.
But what happens if you put the incorrect address on the application?
Solution: The applicant can request the correct trademark by filing a request for TM-16.
Learn More: All about Trademark Opposition In India
Incorrect Address
If the application does not mention the main place of business of the applicant, it’s a valid reason to object.
Corrective Action: The applicant can avoid this rejection for an incorrect address by correcting their trademark application as they file a request on form TM -16.
Vaguely Specifying Goods or Services
In a trademark application, if the goods or services listed are too vague or overly broad for a class, the Trademark Examiner may object. The objection will request more specific details for registration.
Corrective Action: To address this, the applicant should file form TM-16 to provide the exact details of the goods or services.
Similar Trademark Exists
If a similar trademark exists, this means you cannot claim it or file for it as per the trademark service rules.
“[your] trademark not registrable under Section 11(1) of the Trade Marks Act 1999… because of such… similarity… there exists a likelihood of confusion on the part of the public.”
Corrective Action: The applicant can state that the conflicting trademarks in the examination report are different along with evidence. The applicant can submit a reply to the trademark examination report stating trademarks cited as conflicting marks in the report are different from theirs with evidence.
Conclusion
Understanding and navigating trademark objections in India can be stressful, with issues ranging from incorrect details to similar trademarks. These objections can delay your registration process, negatively impacting your business.
For expert assistance reach out to E-StartUp India, as we can help you navigate the complexities of trademark filings, ensuring a smoother registration process.
In case you need any further guidance with regard to online Trademark Objection, please feel free to contact us at 8881-069-069.
Now you can also Download E-Startup Mobile App and Never miss the latest updates relating to your business.