Trademark objection is happened when the examiner of Trademak raised an objection against the Trademark. Trademark Status Objected India online can happen due to any reason, such as; if the Trademark have any similarity with an already exicting Trademark or if the trademark is deceptive in nature, etc.
If the Trademark examiner finds anything inappropriate or misleading about the Trademark, he will oppose it. The Trademark officer prepares a comprehensive report, where he listed these objections, this report is known as Trademark Examination report. There are various types of Trademark objections that are generally stated in an Examination report. Some of those objections are:
- Section 9 of the Trademarks Act
Section 9 talks about the grounds for refusal of registration of the Trademarks. According to Section 9, the Trademark should not be qualified for the registration if it has any similarity with any exciting trademark or if it use common name of any geographical location or anything which is common in terms of figures.
It also says that, a mark shall not be registered as a Trademark if it is deceptive in nature or create any kind of confusion among people, if it contains anything that hurts the religious sentiments of any class or section of the citizen of India or if it contains any obscene matter
- Section 11 of the Trademarks Act
Section 11 talks about the relative grounds for the refusal of the Trademark Registration.
According to Section 11, an examiner can raise objection if the Trademark have any identity with an earlier Trademark and similarity of goods or serviced covered by the Trademark.
In this Objection examiner lists out all the points of injection and gives the applicant an opportunity to present his case and prove that there is a difference and his Trademark is unique.
- Mistake in the filing of Trademark application
The examiner can opposed the Trademark, if he finds any kind of mistake in the filing of Trademark Application.
For the registration of the Trademark, the application must be filed correctly. The application should contain the correct name of the owner or name of the partner (if any), and correct name of the firm/partnership firm.
- Wrong Description
If the description mentions wrong goods or mentions too many goods or services, or if the description doesn’t shoe good classification, the examiner can opposed the Trademark.
- Objection over power of attorney
The examiner can oppose or ask for the resubmission of the power of attorney, if the stamp paper is not proper or the signature of the authorized signatory are not properly visible.
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