Once you file for trademark registration , every application will go through a pre-scrutiny and is examined by Trademark Examiner. The Trademark Examiner issues these objections in form of a comprehensive report known as Trademark Examination Report. Today will discuss about various types of Trademark Objections that are generally stated in an Examination Report.
Trademark Objections Based on Substantive analysis done By Trademark Examiner:
1. Objection Under Section 11 of the Trademarks Act
It is basically an objection that an Examiner raises in case he is of the opinion that there exists similar mark(s) on record already that may be phonetically similar or share some common part with your applied mark. In this objection the Examiner list out all those marks and give you an opportunity to cite the differences and put forward the unique point with respect to your marks in comparison to the cited marks.
2. Objection Under Section 9 of the Trademarks Act
It is basically an objection that is raised when your applied Trademark use some common name, surname, name of any geographical location or any such representation that is common in terms of figures and another objection that is commonly raised under section 9 is over the mark that are descriptive in nature of suggest the kind, quality or any inherent characteristics of the mark. These objections must be dealt carefully.
Trademark Objections Based on Formal Examination done By Trademark Examiner:
1. Objection over the TM-1
This objection comes into picture in case there is any formal mistake in the filing of trademark application.
2. Objection over Class Description
This objection is generally raised in case the description mentions wrong goods or mentions too many goods or services, or the description is not in accordance to nice classification.
3. Objection over Power of Attorney
Sometimes the stamp paper is not proper or the signatures of the authorized signatory are not properly visible. This may lead to an objection and the Examiner might ask for resubmission of the Power of Attorney.
4. Objection over the Applicant Details
Sometimes people fail to add the proper proprietor details or miss the names of partner in partnership firms or LLP which might lead to an objection at a later stage.
For more details on how to file for trademark objection please write to us at firstname.lastname@example.org Or leave a request