Any unique expression associated with a product or a service of a company or organization that differentiates itself from others is called a trademark. The unique expression can incorporate a word, slogan, photograph, logo, graphic, color combination, or, sound, etc.There can be times when because of some legitimate reasons, trademark offices can raise objections on any trademark application that does not fulfill their legal norms.
There can be many different reasons for the trademark objection. It is raised maybe due to the similarity between the logo or word with the already existing one. It can be raised because of some sentiments norms connected to some religion and many other such reasons.
An objection is a part of one of the beginning stages in the registration procedure. The objection can be raised by either the Examiner/Registrar or any third party. An Examiner/ Registrar can file an objection under Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act on fundamentally two spots
A third party can raise the objection to the registration of a trademark in the position of public interest. There are two routes where a third party gets an opportunity to object to the registration of any trademark
After filing an objection, the status of the trademark application will get changed to "Opposed". While filing an opposition, the person who is opposing it has to include the grounds utilizing which he is opposing the registration of the trademark. The examiner will grant the applicant a due chance to justify his trademark application according to the process laid out under the Act.
Here is the list of deductions for which a trademark application can face objection -
If you get to receive any of the objections towards your trademark, then you are required to revert back within a month, which is within 30 days of the objection date. You will obtain a proper legal objection letter from the Trademark Department. If you do not take any further action and do not reply to trademark objection, then the Registrar will have the complete right to abandon your trademark application. There will be certain trademark objection reply fees, you will be charged for.
Here is the major brief to understand why you must reply to trademark objection with the proper trademark objection reply format
Once, the objection is filed, an acknowledgment slip of the same will be sent to you.