How to avoid Trademark Objection

Q

How to avoid Trademark Objection

To avoid the trademark objection, you need to follow certain guidelines while selecting the proper trademark. For that purpose keep avoiding distinct words, well known marks, prohibited marks, deceptive language.

 

A trademark objection may be raised by the examiner due to various reasons such as, in case third party objects to your intended trademark, similarity to an existing mark, the intended mark being deemed obscene, the intended mark hurts religious sentiments, etc. A trademark application can be objected for more than one reason.

You need to follow the certain things to escape the trademark objection. There is no rule of thumb to avoid the trademark objections. But you can avoid the objection if you choose the mark with more care.

Important points to keep in mind to avoid objection

Sometimes objections are raised just to seek the information. In that case, you just need to reply with the required information. As there is no specified process to avoid the trademark objection, the following points can help you to avoid objections:

  • Conduct mark and Phonetic Search

Before applying for trademark registration conduct a proper search of mark and phonetic sound to coin a unique trademark.  Deep research of the database of the trademarks helps to form an exclusive and uncommon trademark. After analysing the trademark search report in case any similarity found in mark or sound then try to avoid such marks to avoid objection over the similarity of the mark.

  • Choose distinct words

A trademark has to be distinctive in order to get registered. Merely a descriptive mark doesn’t make it distinct enough for registration. Always use the word which is different, unique and non- descriptive. Trademark law does not allow the mark to get registered if the mark describes the nature of the product. It is advisable to use the word that has no dictionary meaning and has no direct reference to the product.

  • Avoid well-known marks

Never use words of popular brands and do not choose combinations of well-known marks even if the combination of the brand name is available to register. If a mark deemed to be a well-known mark or popular mark then applying the similar mark individually or in combination may raise the objection. To evade the objection try to avoid the popular marks even if they are not registered.

  • Avoid prohibited and scandalous marks

Trademarks that contain names, flags which are protected under Emblems and Names Act are rejected. Prevention of Improper Use (Act 1950) states that nothing of state or national concern like hallmarks, international organisations, armorial bearings that are protected under National Regulations cannot be registered as Trademark. A trademark can be objected on the grounds of scandalous mark or symbol.

  • Avoid deceptive and offensive language

Any third person or trademark examiner himself can oppose registration of a trademark by raising an objection that it propagates deception to the public. Deceptively means mark either associated with the geographic region or hurts the sentiments of the people related to religion. By

  • Do not use existing marks

The marks which are already recorded in the trademark database are certainly not registered again. Hence, if you are on the process with a trademark which already exists, then it is expected to be rejected and objected by the opposition and after that the trademark office.Try to differentiate between already registered class marks and how your class mark is different.

  • Do not imitate similar marks

Using of similar or identical trademarks means that trademark itself will lose its capacity to signify. The similarity in the trademarks confuses the customers regarding products. Dilution of the trademark is the only way to avoid the similarity in the trademarks. Be specific about your product i.e. mention how your product is different from similarly named products and why your product is not going to affect their market.

 

Reply to trademark objection

If the examiner objects to a filed trademark, then the examination report citing the objections can be viewed in the Trade Mark Registry website.

A written response needs to be filed by the applicant within 30 days of receiving the examination report from the department. In case, the examination report is not received, file your response as soon as it comes to your knowledge that reports have been issued online. Failing to respond to the objections raised by the examiner within the stipulated time of 30 days will lead to the abandonment of the trademark.

 


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