Trademark Objection

what is Trademark Objection

If the Examiner /Registrar raises objections in the Examination Report, the status of the trademark application will show as “Objected”. After the application is scrutinized, objections may be raised by the Examiner/Registrar under the Trade Marks Act Sections 9 and 11..

To overcome this objection, it is essential to show that the trade mark is characteristically distinctive. This objection can also be avoided if the trade mark has developed a unique character because of extensive use. For this purpose, it is required to submit a user affidavit with cogent evidences which shows that the trade mark has acquired uniqueness.

How Respond to a Trademark Objection

Likely ClearanceIf 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 ProtectionBy 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.