Trademark objection happens to be one of the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial; instead, the trademark registrar seeks a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.
In the event of a trademark objection, a comprehensive reply needs to be filed within a month from the objection's date of issuance.
There are several reasons for Trademark objections like similarity with an existing trademark, offensive trademarks, absence of uniqueness, etc.
Often, during the trademark registration process, the registrar raises objections to the applied trademark if it violates the trademark registration rules and laws.
Trademark registration creates an identity for the brand and differentiates it from other available services or products that are available in the market. Protecting a Trademark is very important if one wants to maintain its distinct identity. But there are some cases when someone would stop you from claiming your right. Hence, we need to understand the concept of Trademark objection.
Top Reasons for Trademark Objection
Here are some top reasons why a trademark would get objection:
Trademark applications can get objections under more than one grounds. Following are some grounds on which an examiner can object to the Trademark registration:
The grounds of refusal for Trademark registration can be divided into two parts :
- Absolute grounds of refusal - refers to the incapability of marks to be distinctive or graphically presented.
- Relative grounds of refusal – are always in connection with earlier trademarks and their related rights.