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Trademark Objection

In India, the trademark objection step is significant during the process of registering a trademark. At this point, the officer carefully checks your chosen brand name to ensure it meets all the rules. If there are any problems or issues, they will let you know. It’s essential to fix these issues to ensure your brand name gets registered without problems. This ensures your brand name follows the trademark law and isn’t too similar to other brand names. With help from FinHub Advisors Pvt Ltd, dealing with these issues is easier, helping you get your trademark registered smoothly.

Reasons for Trademark Objections

The Indian Trademark Office might object to a trademark application based on specific grounds detailed in Section 9 and Section 11 of the Indian Trademarks Act. The primary reasons are when the submitted trademarks lack uniqueness, are too descriptive and generic, or clash with previously registered or pending trademarks.

Objections Under Section 11:

This section concerns objections related to the similarity between the proposed trademark and existing trademarks.

Identical Marks: For instance, applying for “Sunshine” as a beverage trademark when “Sunshine” already exists in the same category would invite an objection due to the same names.

Similar Sound: An application for “CandyLand” for candy products might be objected to if “KandyLand” is already registered in the same sector because of the similarity in sound.

Similar Concept: Applying for “TechSolutions” for a tech company might clash with an existing “TechPro” mark since both suggest similar concepts.

Objections Under Section 9:

This section focuses on trademarks that might be too obvious, lack a unique character, or could be misleading.

Descriptive Terms: A trademark like “FreshJuice” for juice products could face objection because it directly describes the product.

Lack of Distinctiveness: If you were to register a simple geometric design like a square for furniture, it might be objected to for lacking a unique identity.

Lack of Distinctiveness: If you were to register a simple geometric design like a square for furniture, it might be objected to for lacking a unique identity.

Responding to Trademark Objections Online

The reviewing officer must confirm that the trademark application meets all necessary standards and regulations. If it doesn’t, the applicant will receive a notification, prompting a response within 30 days. The application may be denied if the response does not meet the expected standards. However, the applicant can appeal to the Intellectual Property Appellate Board if rejected.

When to Submit the Objection Reply

Upon receiving the examination report, filing a reply within 30 days is essential. This reply should be comprehensive and must address the queries raised in the examination report.

Documents required for the Reply Note

To address the objections effectively, the following documents should be submitted in the reply note:

• Invoices and bills
• Affidavits
• Business cards and letterheads
• Any relevant government documents, such as MSME or FSSCI certificates
• Screenshots of social media pages or copies of advertisements

Responding to the Trademark Objection – File Reply

Upon receiving the examination report, it’s critical to promptly submit a detailed written reply. Failing to do so may result in the application’s rejection. The response should be thorough, presenting justifications, supporting evidence, and facts, asserting that the mark meets all requirements for valid registration. If the applicant’s response convinces the reviewing officer, the trademark will be listed in the public journal. The public has four months to review and raise any opposition.

When crafting a reply, certain aspects require careful consideration:

Analysis: It’s vital to comprehensively understand and assess the objection. Any vagueness could lead to an inadequate response.

Drafting: The response must adhere to the specified format to prevent potential rejection. It should effectively address the objection, referencing applicable laws, prior rulings, and differences between the contested marks. Any supplementary evidence or documents that reinforce the response should be included.

Affidavit: If the trademark is set to appear on digital platforms like websites, social media, or e-commerce sites, an accompanying affidavit confirming this must be included with the reply.

FinHub Advisors Pvt Ltd Your Expert Assistance for Trademark Objections

When facing trademark objections, FinHub Advisors Pvt Ltd stands as your trusted ally, providing expert assistance to navigate and overcome challenges. Our dedicated team leverages in-depth knowledge and experience to address objections effectively, ensuring a streamlined resolution process. From comprehensive analysis to strategic responses, FinHub Advisors Pvt Ltd guides you at every step, maximizing your chances of successful objection resolution. Trust FinHub Advisors Pvt Ltd for personalized and reliable support, turning trademark objections into opportunities for strengthening and safeguarding your intellectual property. With FinHub Advisors Pvt Ltd, your trademark protection is in capable hands.

Documents Required For Trademark Objection

• Advertisement Copy
• Product Images
• Sales Invoice
• Domain Registration Copy
• Website Screenshot