As per the provisions of the Trademark Act, the examiner at times, may raise objections in the trademark application. In this case, your trademark application will reflect as Objected.
A trademark application can be objected under the more than one grounds for refusal. Following are some grounds on which an examiner can object the trademark registration:
A trademark which misleads the public about the related goods or services or creates confusion by a vague description are deceptive trademarks. The deception can be related to its use, quality, and character.
Lack of distinctiveness in the trademark creates a dilemma in public. Marks which are merely descriptive and do not identifies the characteristics of the goods or services are not entitled for trademark protection.
An objection is raised when your mark is similar to a registered trademark as two identical marks may lead to confusion for the public. However; a distinct name can be registered for two similar class of goods.
A trademark application must be made in respect of goods or services in a particular class. False or incorrect classification may lead to objections. If goods fall in more than one class then, it must be grouped together according to class number.
If applicant name, principal place or any other information in the trademark application is false then it most likely to raise objection by the trademark examiner.
The examiner can raise objection if the trademark application is filed in the incorrect form. In case your trademark application is filed by a trademark attorney or agent then form TM-48 must be filed and attached to the trademark application.
The Examination Report issued to the applicant contains detailed reasons of the objections raised by the Examiner and can also be viewed on IP India.
The applicant needs to file TM-O form justifying the issues raised by the examiner. At times, some additional documents may be required in support of your reasons.
Sometimes objections are raised just to seek some information. In that case, you just need to reply with the required information. The applicant must reply to the examination report within 30 days of its issuance failing which the mark can be abandoned.
As there is no specified process to avoid the trademark objection, the following points can help you to avoid objections:
Before filing a trademark application always search your mark. Trademark Search allows you to know the distinctivness of your mark by showing results for any similarities. Quick Company's Trademark Search tool works on a smart alogrithm which automatically conducts a comprehensive research from the trademark database.
Never use words of popular brands or any combinations of well-known marks even if the combination of the brand name is available to register. There is always a chance of getting objections if your mark is similar to any popular brand.
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. If your mark contains any prohibited or scandalous element then there is a possibility of getting an objection.