A Trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell. But due to some valid reasons, Registration of Trademark application can be rejected by the Authority on various grounds if they deem fit to do so. Many at times during the process of trademark registration, the Trademark Registrar may raise objections on the intended trademark if it seems to violate any rules and laws of trademark registration. There can be many reasons for trademark objection. Trademark objection is a process where the trademark examiner may put an objection to trademark application due to certain reasons. An objection is one of the initial stages in the registration process. It can be objected by the public, examiner or any other third party. Trademark, objection are very common and most of the application faces these objections. However, trademark objections are not fair always. Therefore full care should be taken while filling trademark application because one objection is raised by examiner then normally it take lot of time to process further. Trademark Objection simply doesn’t mean refusal of trademark registration application but in fact, significantly demands a sense of clarity regarding the trademark that applicant has opted for registration. Trademark objection must be handled cautiously and is considered as the most crucial stage of trademark registration. Trademark Registration application procedure includes trademark objection. Trademark examiner raises the objection on the grounds of finding during the examination procedure on certain goods. It should be handled with care, and convincing reply should be provided on the raised queries; otherwise, it can lead to the rejection of trademark application. The trademark should not be similar or identical to any third-party mark; it should be distinguished in every possible way.
A registered trademark cannot be used by any third person without authority; thus it protects it from any infringement.
Following are some of the reasons by which an application for Trademark Registration can face objection:
An objection is one of the initial stages in the registration process. It can be filed by either the Examiner/Registrar or any third party. An Examiner/ Registrar may file an objection under Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act on primarily two grounds–
A third party may object to the registration of a trademark in the capacity of public interest. There are two ways where a third party gets a chance to object to the registration of a trademark: