About the Service
UComply TM can help you file a professional reply to a trademark objection in a seamless manner. The client needs to provide examination report, our experts will analyze the same and will draft the objection reply and send you for approval. After it is approved, your reply is submitted to the examiner online.
Timeline of the service
The timeline for the services is 5 to 10 working days, subject to government and client processing time.
1. What are the top Reasons for Trademark Objection?
Trademark applications can get objections under more than one grounds. Following are some grounds on which an examiner can object to the Trademark registration. The grounds of refusal for Trademark registration can include:
• Deceptive Marks
Any trademark that is likely to confuse the people because of something inherent in the mark itself or its use, like nature, quality, or geographical origin of the goods and services. An objection as to deceptive trademark can be overcome by filing Form TM-16.
• Lacks Distinctive Character
Trademarks that are not capable of differentiating between one person's goods and services from those of another are devoid of any distinctiveness and thus can get objection under absolute grounds for refusal of trademarks.
• Existence of a similar trademark
If there are similar or same trademarks of different trademark owners on records regarding the same or similar description of goods or services, then an objection can be raised.
• False or vague specification of goods
Suppose the specification of goods or services happens to be too vague or encompasses a large variety of goods or services. In that case, an objection can be raised as follows by the trademark registrar:
"The specification of goods/services mentioned in respect of class xx is very vague and wide. You should provide exact items in respect of which the trademark is sought to be registered by filing a request on form TM-16".
• Incorrect address on trademark application
In case the trademark applicant has not mentioned the principal place of business correctly, or he has not mentioned the address for service in India. An objection can be raised as under:
The Principal Place of business of the applicant should be brought on record by filing a request on form TM-16" or "The applicant's address for service in India should be brought on record by filing a request on form TM-16, since the applicant has no principal place of business in India.
• Incorrect name of the applicant
The applicant must enter the name in the application correctly. In case of incorrect name on the trademark application, the examiner would object as follows. The application appears to have been filed in the name of a partnership firm, names of all Partners of the firm should be brought on record by filing a request form TM-16."
• Incorrect trademark form
If the trademark application is not made on a proper form, an objection will be raised by the examiner as follows:
The application is made on Form TM-1, for certification mark in respect of goods or services falling in a class, the form of the application should be corrected as TM-4 by filing a request on form TM-16.
2. What is the procedure of removing objection?
• After the trademark registration application is submitted and examined by the trademark officer, an examination report is sent to the trademark applicant. It is also put up on the trademark office website along with details of the trademark application.
• The applicant or the authorized agent then gets a chance to submit a reply to the trademark examination report with a rebuttal if there is an objection by the trademark examiner.
• The response is then considered, and if the objection can be waived off based on the applicant's response, then the trademark application gets accepted for registration. The trademark gets published in the journal.
3. Who sends reply to Trademark Examination Report?
• The response for an objection in the trademark examination report can be submitted by the applicant or by an agent who the trademark applicant authorizes.
• This reply can be submitted online through the trademark office website or even in person or by post.
• Any affidavit and support documents are also to be submitted along with the reply to the examination report.
However, getting proper legal advice is necessary for the correct classification of goods and services before submitting a reply to the examination report for objection as to the wrong category of trademark class.