What is Trademark Objection ?
Makes Trademark Known : A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.
Objection is a preliminary refusal issued by the trademark examiner after examination of your application. Some common grounds for objection are
- Lack of distinctiveness (Section 9)
- Similarity with pending or registered marks (Section 11).
- Other reasons are usage of geographical names, international proprietary names, offensive or obscene words as a part of or as a trademark.
Objection is most cases can be overcome by proper representation before the registrar.
Instances are there when the trademark office would sustain the objection and in such cases, one should approach the appellate board to appeal against the decision.
A periodical check on trademark application is very important, as the trademark office has slowly started weaning off the tradition of sending paper correspondences. This will help you file your response to objection in a timely manner.
Failing to overcome all the objections raised by the examiner will lead to abandonment of the trademark. The abandonment puts you into the position in which you were before filing the application – meaning, you’ve lost your money spent on filing.
What to we do when objection is issued ?
Unless you know what you are doing, get in touch with us to represent your case.
Do not use sample or format available online. If you use them, the trademark office would not consider your reply and post your case for hearing.
If you have claimed priority, ensure you have all the supporting documents as evidences to prove your continued, uninterrupted use of mark in trade.
Respond to the objection within 30 days.
If a hearing is scheduled, go to the hearing with all necessary documents, photocopies and with a copy of TM-16.