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Objection reply is required when the Trademark application is objected by the Trademark Examiner on technical grounds. The objection may be under Section 9 or Section 11 of the Trademark Act 1999. Objections under Section 9 (1) (a) and Objections under Section 9 (1) (b) is raised by the Trademark Department if the Applied Mark is not having its own identity or the applied mark designates the related goods or services. Objection under Section 11 of the Trademark Act 1999 is raised on similarity issues with an existing Trademark. Difference in spelling or any slight difference of the applied mark does not qualify for registration if having similarity with the existing mark.
Description of Technical Grounds- A logical description of the distinctiveness is to be given if the objection is raised under Section 9 of the Trademark Act. If the objection is under section 11 of the Trademark Act 1999, an argument of difference of the mark is provided in the reply to the objection contained in the Examination report.
FAQs for Trademark Objection
When Trademark application is objected by Trademark Examiner on the grounds of similarity with an existing Trademark then it is called “Trademark Objection” and the status is shown as ‘Objected’. The objected Trademark Application is given an opportunity to reply and clarify the grounds of distinctiveness and registration of the Trademark within a stipulated time of 30 days. The objection is also done away with filing an amendment in the Trademark application.
If Trademark Objection is not replied with valid and proper grounds within stipulated time of 30 days, the Trademark application gets abandoned. However, the abandoned Trademark application may be revived by a special process which is expensive and complicated.
When the Trademark Application is filed with similarity or deceptive similarity with an existing Trademark available on the records of Trademark Registry the Trademark Application gets objected by Trademark Examiner and hence a reply with clarification and proper grounds of registration of Trademark is required within stipulated time to keep Registration proceedings moving.
No, It is not sure that after objection of trademark application is replied the trademark shall be registered. The foundation and ground is created before filing the trademark application which is the very basis of registration of the trademark.
What should I do to avoid Trademark Rectification or Trademark Objection while filing Trademark Application?
To avoid Trademark Objection you should select unique name which is not similar or deceptively similar to any existing mark and should be distinctive in character. To avoid Trademark Rectification you should select correct class and correct goods and services belonging to correct class. A better way to file a trademark is in consultation with a Trademark Expertise like Businessmitra which will surely lead to the way of Trademark Registration Easily.
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