Top Reasons for Trademark Objectionby Manoj Yadav Tax Consultant
Planning to promote your product?
The first thing you ought to do is to secure it so that it does not loses its distinct features and, instead stands out in the market. And for this, you need to get a trademark for the product registered in front of the registrar.
However, getting the TM registered is a bit tricky process as it undergoes many scrutinizing procedures and if the mark is found phenotypically identical to any registered mark, then the applicant has to face Trademark objection.
Trademark objection can be avoided under certain grounds. Thus, it is important to be aware about the reasons of Trademark objection, let’s have a look at some of them:
This is the form that is required to file the trademark, in-case if the TM is filed on a wrong form the trademark examiner raises an objection. In such cases, it can be corrected by filling TM-4 and a request on TM-16.
The form is mandatory when the TM is getting registered by a trademark attorney or an agent, TM-48 gives the attorney or the agent the authority to file TM.
• Applicant’s name
During the TM filing procedure, it is mandatory to mention correct name of partner/ partners, also it is important that the TM gets registered in the name of the firm, in case of any correction, TM-16 has to be filled.
The address of the person on whose name the TM is getting registered should be mentioned correctly on the form, correction in case of TM-objection can be done by filling TM-16 thus filling correct details.
• Correct specification:
In order to file TM, you need to specify the goods correctly, that is the specification should not be vague and wide, it should be precise.
If your registered TM is same to anyone or already exists, an objection can be raised under section 11(1) of the Trademark Act 1999, in such a case, one can submit a reply to the trade examination report.
• Distinctive feature
The committee can raise an objection if the TM is unable to distinguish the products person to person. In such case, the applicant can submit a proof regarding distinctive features of the trademark.
• Use of generic words
A company or a person cannot use generic words like table, machine to file a trademark, if used, the TM is liable for objection.
• Illegal words
Words that are offensive or those violate the general rules of public cannot be used to file a TM.
• Protected words
Words that are protected under National Regulations and that contain official names also cannot be used to file a trademark.
• Should not harm the sentiments
While filling a TM, one should be careful that words and captions used to describe TM should not harm the feelings of persons of any religion. If happens the TM is liable for objection.
The whole scrutinizing procedure revolves around two provisions of the Act, Sec. 9 and 11. Both the section holds the above rules/reasons to be verified and studied carefully by the applicant before filling trademark so that no Trademark Objection is raise later. For Trademark Registration in Delhi visit taxadvocateindia.com
Created on Feb 23rd 2019 02:52. Viewed 313 times.
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