What is Objected Status in Trademark?

What is the Meaning of ‘Objected’ in Trademark Status?

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.

How to Check the Trademark Status?

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.

• Step 1. Visit the official website of Intellectual Property India.
• Step 2. Select Trade Mark Application/Registered Mark from the left side of the window.
• Step 3. Two options will appear. You have to select the National/IRDI number.
• Step 4. In the next window, enter the Trademark Application Number.
• Step 5. Now enter the captcha and click on ‘View.’
• Step 6. The next window will display your trademark status.
• Step 7. If your trademark status is ‘Objected,’ it means that the examiner has raised certain points of objection regarding the application. It doesn’t mean that your application cannot be processed. However, you must reply to the status within a month of issuance.

What are the Main Reasons for Trademark Status ‘Objected’?

There can be various reasons why a Trademark Status shows ‘Objected.’ Here are the reasons for the trademark status objected -

• Using the Wrong Trademark Form - If the applicant doesn’t use the right trademark form, the trademark examiner can raise an objection to the application. The applicant can file Form - TM 16 to correct the trademark application and solve the objection.
• Incorrect Trademark Name on the Application - Another reason for a trademark ‘objected’ status is the presence of an incorrect name on the trademark application. The applicant can file Form TM 16 and request to correct the applicant’s name on the trademark application.
• Failure to File Trademark Form TM-48 - While filing a trademark application, the trademark attorney or the trademark agent has to file and attach Form TM-48 on behalf of the applicant. In case the form TM - 48 is filed incorrectly or executed in an incorrect manner, the trademark examiner can raise an objection. The applicant can solve this problem by filing a request under Form TM - 16 and correcting it.
• Incorrect Address on the Trademark Application - If the applicant ends up putting a wrong address on the trademark application, it could lead to an objection of the same. Form TM-16 can be filed to correct the information in the trademark application.
• Wrong Specification of Products and Services - If the specification of the products and services provided by the applicant is too vague and encompasses a large range of products, it can lead to an objection to the same.
• Existence of Similar Trademarks - If a registered trademark is similar to the one applied, the examiner can raise an objection to it.
• Trademark Doesn’t have Distinguishing Character - If a trademark doesn’t have any distinguishing characteristic and cannot distinguish one person's products from another, it can show trademark status objected.
• The Trademark is Deceptive in Nature - If the trademark seems to be deceptive to the general public in any respect, it can lead to a trademark objected status.

What is the Best Trademark Objection Reply?

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 -

• File a counter-statement of the objection within 2 months from the date of objection.
• If you fail to submit a counter-statement, the status of your application will turn into ‘abandoned.’
• After filing the counter, the registrar calls for a hearing. If the ruling is in the applicant’s favor, the trademark is registered. However, if the ruling is against the applicant, the applicant can appeal to the IPAB, Intellectual Property Appellate Board, within 3 months of the decision.
• In case you file the appeal after 3 months, you must file a condonation of delay and a fine of Rs.2500.
• The filing must be done as per the Trademark rules.
• The applicant must verify all the documentation.
• The deputy registrar then endorses the application.
• If the application is correct, the case is registered and allotted a serial number.
• If the case is registered, the place of the hearing will be decided.
• The IPAB will make a decision considering the applications of both parties,
• If any one party does not present itself on the hearing day, the IPAB can rule based on merits, dismiss the case and give an ex-parte order.
• If the IPAB dismisses the case or ruled ex parte, the applicant is given 30 days to file a counter-petition. If the applicant is dissatisfied with the ruling, he can further appeal to the High Court.

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!