Trademark objection is an important phase in the trademark registration process in India. It occurs when the Registrar of Trademarks raises concerns or finds reasons to question the registrability of the applied trademark. This article provides an overview of the trademark objection process in India, including the legal requirements and necessary documents.

What is Trademark Objection?

Trademark objection is a preliminary step in the trademark registration process where the Registrar reviews the trademark application and raises objections based on specific grounds. These objections are typically cited under the provisions of the Trademarks Act, 1999, and the Trademark Rules, 2017. The applicant is then required to respond to these objections within the prescribed timeframe to proceed with the registration process.

Common Grounds for Objection

Some common grounds for trademark objection in India include:

1. Similarity to Existing Trademarks: The trademark is identical or deceptively similar to an existing registered trademark or a pending trademark application.
2. Lack of Distinctiveness: The trademark lacks distinctive character and is not capable of distinguishing the goods or services of one person from those of another.
3. Descriptive Nature: The trademark is merely descriptive of the goods or services, indicating their quality, quantity, intended purpose, value, geographical origin, or other characteristics.
4. Prohibited Marks: The trademark contains prohibited or restricted marks, such as national emblems, flags, or symbols.
5. Contrary to Law: The trademark is contrary to the law or is prevented by law from being registered.
6. Deceptive or Scandalous Matter: The trademark is likely to deceive or cause confusion or is scandalous or offensive.

Legal Requirements and Documents

To respond to a trademark objection in India, the following legal requirements and documents are necessary:

1. Examination Report: The Registrar issues an examination report citing the objections raised against the trademark application. The report is typically sent to the applicant or their authorized representative.
2. Response to Examination Report: The applicant must file a detailed response to the examination report, addressing each objection raised by the Registrar. The response should be filed within one month from the date of receipt of the examination report.
3. Supporting Evidence: The response to the examination report should be supported by relevant evidence, including:
   • Affidavit: A notarized affidavit providing a detailed explanation and justification for the trademark application.
   • User Affidavit: If the trademark is already in use, a user affidavit with evidence of the trademark’s usage, such as invoices, advertisements, and promotional materials.
   • Documents Showing Distinctiveness: Evidence demonstrating that the trademark has acquired distinctiveness through extensive and continuous use.
4. Power of Attorney: If the response is filed by an authorized representative (e.g., trademark attorney), a duly executed power of attorney must be submitted.
5. Hearing: If the Registrar is not satisfied with the response, a hearing may be scheduled where both parties can present their arguments. The Registrar will then decide whether to accept or reject the trademark application.

Conclusion

Trademark objection is a critical step in the trademark registration process in India. By understanding the common grounds for objection and the legal requirements, applicants can effectively respond to objections and increase their chances of successfully registering their trademarks.