What is a Trademark Objection?

A Trademark Objection is an official issue raised by the Trademark Registrar after examining your trademark application. It indicates that the Registrar has found certain legal or procedural reasons why your trademark cannot be registered as filed.

 

Common Grounds for Trademark Objection

  • Similarity or Confusion: The mark is identical or deceptively similar to an existing registered trademark or a prior application.

  • Lack of Distinctiveness: The mark is generic, descriptive, or does not sufficiently distinguish your goods/services.

  • Prohibited Marks: The trademark contains offensive, scandalous, or deceptive elements or violates public order or morality.

  • Non-compliance: The application lacks necessary details or proper classification.

  • Misleading Marks: The mark may mislead the public regarding the nature, quality, or geographic origin of the goods or services.

 

Trademark Objections Under Section 11 and Section 9 of the Indian Trade Marks Act

When applying for trademark registration in India, objections may be raised by the Trademark Registrar under various legal provisions. Two of the most common are Section 11 and Section 9, which address concerns regarding similarity and distinctiveness of trademarks.

 

Objections Under Section 11: Similarity with Existing Trademarks

Section 11 focuses on objections arising when a proposed trademark is identical or confusingly similar to an already registered or pending trademark. The Registrar assesses the likelihood of confusion among consumers based on similarity in appearance, sound, or meaning.

Examples:

  • Identical Marks:
    Applying for a trademark like “Techsol” when an identical mark “Techsol” already exists in the same category will attract an objection due to exact duplication.

  • Similar Sound:
    A trademark application for “Techsol” might be objected to if “Teksol” is already registered in the same sector, as the marks sound very similar and could confuse consumers.

  • Similar Concept:
    Applying for “TechSolutions” in the technology sector might conflict with an existing mark like “TechPro” because both suggest similar business concepts, leading to possible consumer confusion.

 

Objections Under Section 9: Lack of Distinctiveness or Misleading Marks

Section 9 deals with objections to trademarks that are too generic, lack distinctive character, or could mislead the public about the nature or quality of the goods or services.

Examples:

  • Descriptive Terms:
    A trademark such as “FreshJuice” for juice products may face objection because it simply describes the nature or quality of the product, lacking uniqueness.

  • Lack of Distinctiveness:
    Registering a basic geometric shape like a square for furniture products could be objected to on the grounds that it does not create a distinctive identity for the brand.

  • Deceptive or Misleading Marks:
    Using a mark like “OrganicGarden” for a skincare range that does not contain organic ingredients could be refused due to the possibility of misleading consumers regarding the product’s composition.

 

Examples of Common Trademark Objections

  • The mark contains generic terms like “BEST” or “QUALITY” without any distinctive stylization.

  • The trademark closely resembles an existing registered brand in the same class, causing confusion.

  • The mark includes symbols or words prohibited under the Trade Marks Act, like national emblems or religious symbols.

  • Application filed under an incorrect class of goods or services.

  • The mark is purely descriptive of the product, e.g., “Sweet Juice” for a beverage brand, which may be refused for lack of distinctiveness.

 

Tips to Avoid Trademark Objections

  • Conduct a Thorough Trademark Search: Identify existing trademarks similar to your proposed mark before filing.

  • Choose a Distinctive Mark: Opt for unique, coined, or fanciful words rather than descriptive or generic terms.

  • Classify Correctly: Ensure your application is filed under the correct class of goods or services according to the Nice Classification.

  • Avoid Prohibited Symbols or Words: Stay clear of marks that include emblems, flags, or offensive language.

  • Use Professional Assistance: Consult with trademark experts to prepare and file your application accurately, reducing procedural errors.

 

Responding to a Trademark Objection

Once an objection is issued, the applicant has the opportunity to file a reply addressing the Registrar’s concerns within a specified timeframe (usually one month, extendable by another month). Our experienced trademark attorneys assist in:

  • Drafting a strong legal response.

  • Providing evidence of use, distinctiveness, or consent from prior mark owners.

  • Arguing against the objections based on relevant laws and precedents.

  • Requesting a hearing with the Trademark Registrar if necessary.

 

What Happens After the Objection?

  • If the Registrar is satisfied with the response, the application proceeds to publication.

  • If the objection is not adequately addressed, the application may be refused, and the mark will not be registered.

  • The applicant can file an appeal with the Intellectual Property Appellate Board (IPAB) or appropriate judicial authority if the refusal is upheld.

 

Why Choose Us for Handling Trademark Objections?

  • Expertise: Our team has a proven track record in successfully overcoming trademark objections.

  • Strategic Approach: We tailor responses based on the specific objections and business objectives.

  • Timely Action: Ensuring all deadlines are met to protect your trademark application.

  • Complete Support: From drafting replies to representing you in hearings or appeals.

 

Need Help with a Trademark Objection?

Don’t let objections block your brand’s registration. Contact us today for expert assistance in overcoming trademark hurdles and securing your intellectual property rights.