Vivek Tiwari & Co.

Trademark Objection

A Trademark can be registered of any word, phrase, design, symbol or combination of any of these things to identify the brand, company or source from where these goods and services came in existence.
There are total 45 classes of classification of goods and services by International Classification of Goods and Services in which 1 to 34 are specified for goods and from 35 to 45 are specified for services.
One of the most important nature of Trademark is that It must be unique and different from the trademark of others. Now a days the process of registering a trademark is not easy, you have to face various problems on different grounds. After your application is filed and if other documentation are in order than theRegistry will examine that whether application is liable to be accepted or rejected. The trademark can be rejected under section 9 onabsolute grounds or under section 11 on relative grounds of the Trademark Act,1999.
According to Section 9 of the Trademark Act, 1999 an application can be rejected if it similar in nature or it is incapable of being differentiated to other trademark or a Trade mark misleads or creates confusion to the consumer or Trademark affect the religious sentiment of any person or Trademark related to the meat products or A trademark is already in existence or A trademark consist of vulgarity or obscene matter.

According to Section 11 of the Trademark Act, 1999, A trademark cannot be registered if the proposed mark is similar to earlier registered trademark or if it is forbidden by copyright or passing off or under any laws A use of trademark is prohibited under the Emblems and Names Act, 1950 Example Bhagat Singh, use of Indian flag, Mahatma Gandhi or etc, So from the above conclusions, It can be said that A trademark is very much important for entrepreneur to make their unique identity and existence. When an application for registration of trademark is filed by the applicant, it can get objected by the trademark examiner for various reasons such as incorrect name, incorrect address of the applicant, existence of a similar trademark, etc. In such a case the applicant has to draft and file a written reply (counter statement) within two months from the date of objection to the Trademark examiner and it is known as trademark objection reply.