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What Happens If a Trademark is Objected and How to Search It?

What Happens If a Trademark is Objected and How to Search It?

With the rise of unique products, it’s not surprising that we are seeing a crowd of businesses running towards the IP department to get their trademark registered. But, there is a major obstacle on their path: trademark objection.

Trademark Objection in India is a common occurrence, happening to nearly every individual looking for trademark registration. However, many still don’t know what to do after their application is facing objection. This blog is dedicated towards opening their eyes.

Why your trademark is objected?

Your trademark application involves a lot of nuances; some little, some big, but all of them important. Overlooking even a single step is bound to bring rejection to your application. However, trademark objection is a completely different story. There is over 60% chance of objection for even the most correctly filled trademark application, why is that? The reasons for you to see trademark objection status can be condensed in the following points:

  1. Incorrect address: The most basic details are often the biggest culprits. Entering the wrong address in your trademark application is the first reason why a trademark can face objection.
  2. Vague description of goods or services: There are 45 trademark classes and each one defines a different types of good or service. When filing trademark application, you have to choose a class and design your description in a way that suits the class. However, sometimes, the description becomes quite ambiguous, which makes the application being rejected.
  3. Similar trademark already exists: Only a unique trademark can gain its place in the trademark registry. However, many of you fail to abide by even that basic requirement. Out of greed or laziness, many choose an already registered trademark – hoping to make a quick buck, riding the wave of an already established brand. Trademark objection stops that from happen.
  4. Deceptive trademark: A deceptive trademark is the one which tries to deceive the consumers by presenting a feeling of familiarity to other trademarks.  IF your trademark is deceptive, it’s not going to be accepted.

The aftermath of trademark objection

As I said in the introduction that over 60% of trademark application go through objection, you must think that all are worthy of receiving such status. When you dive deep into the trademark objection search paradigm, you’ll observe that many face objections “just because”. Deliberately putting obstacles in your path is something you can always expect from government officials. So, what happens if your application has gone through objection?

You file a trademark objection reply. It’s a document detailing exactly why the departments’ decision to put objection to your trademark is wrong. Any trademark attorney can help you file a trademark reply to get your trademark pass the objection phase.

Now, in order to file the reply, you have to know if your application is objected against. How to do that? Simple, at the time of application filing, you’ll be given a receipt number. Store it and use it to login again to check your trademark application status. If it says that your trademark is objected, that means you have to take a pro-active approach and file your application.

Conclusion

Trademark objection is common. It’s so common in fact that you should not even consider it a problem, but rather a nuisance that you should just get over with. Contact our trademark experts for more information.

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