A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.
But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month, that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.
Why Respond to a Trademark Objection
Likely Clearance If you respond with clear evidence regarding the distinctiveness of your trademark, the chance that your application will be cleared is high. So there's no reason for your application to be abandoned just because of the objection. The Registrar may only need a clarification. Brand Protection By the time of the objection, you would have been using the ™ symbol for a few months. Your customers would have likely become accustomed to the brand name. Filing a new application would not make business sense. Instead, you could simply identify the list of reasons your logo, slogan or brand name are different.
Trademark Objection Process
1 WORKING DAY
If you have filed your trademark with us, we will inform you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection. If you are not a customer, it's best you contact us within a month from the publication of the report.
6 WORKING DAY
We will put you in touch with our lawyers, who will understand your case and frame the correct response and affidavit (if required). The response will be submitted.
30 WORKING DAY
If the Registrar does not accept your initial response, an interview is scheduled, where the arguments would need to be presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.
Documents To Be Submitted
- Supporting documents (if any) | If the department has asked for additional information share the same
- Photo Identity proof of promoters
- Business Constitution certificate | which can be partnership deed, certificate of incorporation or other registration certificate eg. trust.
- Proof of possession of busienss premises | It can be rental agreement or any latest utility bill
- List of food products manufactured or processed
- Bank account information | Opening page of bank passbook held in name of proprietor/business