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Often, after applying for a trademark, when we check its status, the trademark status shows ‘objected.’ If you are someone who isn’t aware of the meaning of objected in trademark, you might get panicky. This article discusses the reasons why trademark status can show objections and the appropriate trademark objection replies.
The objected status in the trademark means that the trademark office has objected to the application for trademark registration in the examination report. Either the registrar or the examiner can file the objection after carefully reviewing the application on the required parameters. This is a common occurrence in the process of trademark application. This could happen due to various reasons.
Once you apply for a trademark, you have to keep checking the trademark status online. You should follow these steps to check the Trademark application status.
There can be various reasons why a Trademark Status shows ‘Objected.’ Here are the reasons for the trademark status objected to -
When applying for a trademark, you may encounter objections raised by the Trademark Registry. These objections fall into two categories: relative grounds under Section 11 and absolute grounds under Section 9 of the Trademarks Act.
One of the most common absolute grounds is Section 9(1)(b). This objection is raised when your trademark describes the kind, quality, quantity, intended purpose, values, geographical origin, time of production, or other characteristics of your goods or services.
Overcoming the Objection: Whether or not you can overcome a Section 9(1)(b) objection depends on the specific details of your trademark.
If you've been using your trademark extensively and continuously, you might be able to overcome the objection by providing evidence of its use. This could include sales records, advertisements, or customer testimonials.
If Your Application is Refused: Even if your application is refused, you can still continue to use your trademark. You may refile your application immediately or wait a few years. A refusal doesn't prevent you from using your mark.
If you are finding the whole process of registering your trademark difficult, you can hire legal expert to do it for you.
As soon as an objection is raised on a trademark application, you will receive a notice stating the reason for the objection. Here’s the best trademark objection reply -
| Particulars | Trademark Objection | Trademark Opposition |
|---|---|---|
| Stage of initiation | Initiated immediately after the submission of the trademark registration application at the initial stages. | Occurs after the trademark objection stage, once the trademark is published in the trademark journal. |
| Persons initiating | Initiated by the trademark examiner during the registration process. | Initiated by any third party opposing the registration of the trademark. |
| Form of initiation | Filed as a trademark examination report by the examiner. | Filed as a notice of opposition by a third party. |
| Form of submission | Submitted through an online report that details the objections regarding the proposed trademark. | The notice of opposition is submitted along with evidence and reasons for opposing the registration of the proposed trademark. |
| Reply to initiation | The applicant must reply to the trademark registrar within one month of receiving the examination report. | The applicant must reply to the registrar within two months of receiving the notice of opposition. |
| Appeal | An appeal can be filed if the trademark application is rejected after submitting a reply to the objection. | An appeal can be filed against the decision of the registrar regarding the opposition. |
| Fees | No fees are required for replying to a trademark objection. | Fees are required when submitting a reply to the notice of opposition. |
| Finality of process | If accepted after addressing the objection, the trademark is published in the trademark journal. | After the opposition proceedings conclude, the registrar’s judgment is communicated to both the applicant and the third party. |
Even though getting an objection to your trademark application is a common occurrence, it can lead to panic and chaos. Hiring a CA will help you avoid this chaos. So get an eCA now!
Yes, you can withdraw your trademark application even if it has been objected to. Here’s how you can do it:
A trademark objection is raised by the trademark examiner during the initial examination of the application, often due to issues like similarity to existing trademarks or lack of distinctiveness. A trademark opposition, on the other hand, is filed by a third party after the trademark is published in the trademark journal, usually within a specified period, challenging the registration of the trademark.
If you don't respond to the objection within the specified timeframe, your trademark application will likely be abandoned. This means that you will lose your priority date, and you'll need to refile the application.
The objection must be filed within 2 months of receiving the notice of opposition, and the fee for filing the counter statement is Rs.2700.
Any third party can object to a trademark within four months from the day of the first appearance in the trademark journal. Trademark form 5 must be filed to raise the objection.
Yes, the applicant can withdraw his trademark application by filing the online withdrawal application form. On the contrary, the applicant can also file a counter statement before the registrar within a specified period.
