Trademark is a mark that is used to distinguish the goods and services offered by one company from that of the other. Trademarks form a great deal of intellectual capital. Trademark may be a word or group of words, device/picture, label, logo, name, signature, letter, numerals, shape of the goods, a combination of colours.
Trademark registration gives the exclusive right to use it and to obstruct others from using it. Trademarks registration acts as a prima facie evidence of the proprietorship of the trademark. The registration of the trademark also helps in licensing of the trademark as any other property to a third party. The registration of trademark also helps in maintaining goodwill among the stakeholders and the customers. Hence trademark registration has a lot of importance.
But at times the application for registering trademarks is objected. The reasons for trademark objection reply India online are as follows,
- Incapable of distinguishing – Objection is raised if the mark in the application is not prima facie capable of distinguishing the goods/services of one person from those of the other person.
- Conflict with prior trademarks – If the mark in the application is in conflict with the trademarks that already exist and is well known to the general public, then an objection may be raised. However, a mark could be registered on the basis of honest concurrent use when the application is supported by evidence to that effect.
- Prohibited by law – Trademark Objections India online shall be raised if the mark in the application is prohibited in respect of chemical products by the law of the land. Few marks are prohibited because the mark may consist the name of a chemical element or an international non-proprietary name.
- Consent – If the trademark for registration contains a name or portrait of a person without the consent of that person or his legal representative then the Examiner shall raise an objection.
- Single colour mark – Marks consisting of a single colour will usually be liable to objection because they inherently lack the capacity to be distinguishable.
- Improper application – Trademark Objection India online shall be raised if the application is not in proper form. The examiner shall examine the application as per the nature of the application submitted irrespective of the form number mentioned and require the applicant to correct the form of the application by filing a request on another form, otherwise it may lead to objection.
- Improper name – If the name of the applicant is not mentioned properly in the application, then it can lead to trademark objection reply India online.
- Improper Power of Attorney – If Power of Attorney is not submitted and the application has been submitted by a person other than the applicant, then the Examiner may raise an objection.
- Failure to mention the principal place of business – If the Principal place of business of the applicant is not mentioned, or if the applicant has no principal place of business in India and the applicant’s address for service in India is not mentioned, the Examiner shall raise an objection.
- Language – If the trademark applied for registration is in a language other than Hindi and English, then the Examiner can raise an objection and may ask the applicant to provide the translation in English or Hindi by filling a request form.
- Improper specification of goods or services – Objection is raised, if the specifications of the goods or services mentioned in the application are improper i.e. if it is too wide and vague.
- Use of geographical origin – If marks cover a location having a large area and population and a reputation in respect of the goods or services, the application may attract objections.
These are some of the reasons for the objections being raised by the Examiner. In order to avoid objections to the trademark application, it is advisable to get the trademark registration done through a law firm like Company Vakil which is the leading firm in the Trademark registration.