TRADEMARKS

WHY TRADEMARKS GET OBJECTED AND HOW TO OVERCOME TRADEMARK OBJECTIONS

So, the topic here has two parts in consideration, first one is the meaning of the term ‘TRADEMARKS’ and   ‘OBJECTION’. So, ‘TRADEMARKS’ means a linear representation which can be in any forms like word, phrases, logo, brand, heading, name, signature, combination of colors,  letter, numeral, device, label, etc. which are printed on different products by the company  and make it a brand, which makes it more clear and specific. On the other hand, ‘OBJECTION’ means there is an examination of a trademark application and a report is generated. So, the reports include the objections obtained against the registrability of the mark.

So, the reasons behind the objections of the trademarks are as follows;Use of incorrect trademark form- If the application is not made on the correct form or structure, then an objection will be raised by the trademark examiner very easily.

Incorrect trademark applicant name- The application must be filled in the name of a partnership firm and also the name mentioned in the application should contain the names of all the partners.

Flawed differentiation- If any trademark creates confusion in the eyes of a consumer and not helping them to identify the goods or services, then an objection can be raised against it.

Presence of an identical trademark- When a trademark is matching to a registered trademark, then an objection can be raised. So, the owner must look after the trademark database before finalizing any trademark so that it can form a unique or a specific trademark.

A nasty word used in the trademark- A trademark examiner may reject any trademark containing offensive words, images, as it may hurt the sentiments of a particular religion, community and individuality too. Affidavit not attached- User affidavit is a very important document. The trademark applicant requires submitting this document to the trademark registry. This document helps the applicant to claim any foregoing date of the usage to their respective trademark. There will be a process of furnishing if the applicant uses the trademark precedent to filing an application. So, if the applicant doesn’t submit the affidavit, then the objection can be raised.

How to overcome or manage the trademark objection are as follows;The applicant needs to stay updated of the trademark application; he/she must check the status of the trademark application every fortnight.

So, the trademark before getting registered goes through various stages that checks its registrability. So, if there is an objection to it, will be easily found and can be rectified.

Section 44 of the trademark act 1995 deals with the conflict raised already filed with the office, assignability and transmissibility of associated trademarks also taken into consideration.

For avoiding the objection make sure with the rules that a trademark remains registered for a period of 10 years from the date it was filed. Then it is due for renewal in 10 yearly periods. Online renewal must be conducted in the six months preceding or the six months following the date of expiry.

A fact that two businesses can own same trademark with no objection- If the two businesses are providing different goods/services. For example Penguin Accountants can operate alongside penguin Fruit Traders as long as there is no overlap. This states that how important it is to register your trade mark in the right classes. Trademark Eagle allows undertaking the entire process online, but then checks applications to ensure that no classes are missed.

BY GOVIND SAGAR

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