A trademark constitutes a distinctive symbol, word, phrase, design, or a combination thereof, serving to differentiate and identify the origin of goods or services from one entity to another. Its primary purpose is to establish a unique brand identity while safeguarding a company’s reputation and goodwill.

Within the framework of the Trademark Act of 1999, sections 9 and 11 outline provisions for addressing trademark objections. This blog aims to provide a comprehensive guide on effectively responding to such objections, offering valuable insights into the process.

What is a Trademark objection?

A trademark objection refers to a formal legal notice raised either by the trademark examiner or a concerned third party in response to a filed trademark application with the relevant trademark office. The Trademark Act of 1999 delineates specific grounds for objections under its provisions. Typically, such objections arise when the trademark officer determines that the application fails to meet the prerequisites for registration, exhibits similarities with an already existing trademark, or when the proposed trademark is deemed descriptive or generic.

How to respond to a trademark objection?

Responding to a trademark objection entails submitting a written reply to the trademark office within one month of the reception of the objection notice. This response should effectively address the raised concerns and substantiate the trademark application with relevant evidence. The following steps outline the process for responding to a trademark objection in India:

1. Review the objection notice: Carefully examine the trademark objection notice to comprehend the specific grounds for the objection. Identify the areas of contention and gather supporting evidence to fortify your case.
2. Prepare a comprehensive response: Draft a thorough response to the objection notice, covering all issues raised by the examiner. Clarify the distinctiveness and uniqueness of your trademark, presenting substantial evidence to reinforce your arguments. If necessary, consider amending the trademark application.
3. File the response: Submit the prepared response to the trademark office within one month of receiving the objection notice. This can be done either online or in person at the relevant trademark office.
4. Attend the hearing: If the initial response fails to satisfy the trademark office, you might be required to attend a hearing to present your case in person. Be ready to furnish additional evidence and present compelling arguments to support your trademark application.
5. Appeal the decision: In the event of a rejected trademark application, you have the option to file an appeal with the Intellectual Property Appellate Board (IPAB) within three months from the date of the decision. This serves as a further recourse to contest the unfavorable outcome.

Frequently Asked Questions

Q: What is a trademark objection?

A: A trademark objection is a legal notice or objection raised by the trademark examiner or any interested third party against a trademark application filed with the trademark office.

Q: How to respond to a trademark objection?

A: Responding to a trademark objection involves filing a written response to the trademark office within one month from the date of receipt of the objection notice. The response should address the issues raised in the objection notice and provide evidence to support the trademark application. It is recommended to seek professional help from a trademark attorney.

Q: What if my trademark application is rejected?

A: If your trademark application is rejected, you can file an appeal with the Intellectual Property Appellate Board (IPAB) within three months from the date of the decision.