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What is trademark objection?
Trademark objection refers to the queries raised by the trademark examiner in the examination report. The term "objected' implies that the particular trademark application has been examined and an examination report is generated laying down the objections against the registrability of the mark.
Objection is a preliminary refusal issued by the trademark examiner after examination of your application. Some common grounds for objection are a) lack of distinctiveness (Section 9) b) similarity with pending or registered marks (Section 11). Other reasons are usage of geographical names, international proprietary names, offensive or obscene words as a part of or as a trademark. Objection is most cases can be overcome by proper representation before the registrar. Instances are there when the trademark office would sustain the objection and in such cases, one should approach the appellate board to appeal against the decision.
When your trademark is identical or too similar to an already filed application or with any registered mark, then an objection may be raised by the examiner in respect of the identity of your mark.
A periodical check on trademark application is very important, as the trademark office has slowly started weaning off the tradition of sending paper correspondences. This will help you file your response to objection in a timely manner.
Failing to overcome all the objections raised by the examiner will lead to abandonment of the trademark. The abandonment puts you into the position in which you were before filing the application - meaning, you've lost your money spent on filing
Once the online status reflects "objected ," the next step to be taken by the applicant is to obtain the examination report and respond to the same, elucidating how the objections are not tenable. Earlier, examination reports were sent by post either to the applicant's or his agent's address. But now with digitization and automation, the procedure has become simpler and we can directly download examination reports from the website of the Trademark Office.
This step of overcoming objections is quite crucial for registration of a trademark. Hence it is quite imperative that the response to the objections is clear and also incontrovertibly establishes the distinctiveness of the mark, thereby showing that it is fit to be registered.