Trademark Objection Handling

One of the important stages of Trademark Application life-cycle is Examination of Report and Objections. After initial stages of filing the application, Registrar of Trademark examines the trademark majorly on three parameters i.e. Possibility of Deception, Distinctiveness and Possible confusing brands. If Registrar of Trademarks believes any one of the parameters is defeated, objection will be raised by the Trademark office. In simple language objection is the concern raised by the Trademark office on the applied brand and asking for explanation over the raised concern.

Examiner while examination has to comply certain rule that is to ascertain whether the applicant has followed procedure given under the Trade Marks Act and Trade Marks Rules. He has to cross verify whether any same/similar mark in respect of same/similar goods/services is there on record. After thorough verification, examiner either shall provide a consolidated report stating the reasons for objections if raised along with the search report of the conflicting mark or provide the report of accepting the trademark with or without conditions and publishing the same in journal