TRADEMARK OBJECTION
A trademark is a visual symbol, word, phrase, numbers, label, color combination or graphics that legally differentiates it from all other products of its kind. It is a unique identity that makes a product or service provided by a business entity stand out from the rest.
During the process of Registration of a Trademark, an Objection may take place. It can be filed by either the Examiner/Registrar or any third party on primarily two grounds:
- If the application contains incomplete/wrong information ; or
- If there is already a similar trademark(s) in existence.
A third party may object to the registration of a trademark in the capacity of public interest.
Upon filing an objection, the status of the application will change to “Opposed”. The grounds upon which the person is opposing the registration of the trademark must be mentioned while filing an opposition. The Applicant shall be provided a reasonable opportunity of being heard by the examiner to defend his application as per the process laid out under the Act.
Response to an Objection and Procedure:
- Applicant shall be given a notice regarding the objection and the grounds of objection.
- File a counter statement to the objection.
- Registrar may call for a hearing. If the Registrar rules in favour of the applicant, the trademark will be registered. If the Registrar rules in favour of the opposing party, the trademark will be removed from the Journal and the application for registration will be rejected.
- Applicant may file an appeal to the Intellectual Property Appellate Board (IPAB)
- The case will be heard and the order passed by the IPAB will stand.
