During the trademark registration process, an objection can be raised by the Trademark Examiner.
What is a Trademark Objection?
The Trade Marks Office can, for various reasons, have objections to your trademark application. This may be because the word or logo is too similar to an existing trademark, because it could hurt religious sentiments or if it is likely to cause confusion, among various other reasons. You must file your response to this objection within a month from when the Examination Report has been published online. If it has been sent to you or your lawyer, then a month from when it was received. If you don’t, the Registrar could abandon the application altogether.
If you respond with clear evidence regarding the distinctiveness of your trademark, the chance that your application will be cleared is high. So there’s no reason for your application to be abandoned just because of the objection. The Registrar may only need a clarification.
By the time of the objection, you would have been using the ™ symbol for a few months. Your customers would have likely become accustomed to the brand name. Filing a new application would not make business sense. Instead, you could simply identify the list of reasons your logo, slogan or brand name are different.
Trademark Objection Process
1 WORKING DAY
If you have filed your trademark with us, we will inform you that your trademark has been objected by the Registrar less than a month from the publication of the Examination Report containing the objection. If you are not a customer, it’s best you contact us within a month from the publication of the report.
6 WORKING DAYS
We will put you in touch with our lawyers, who will understand your case and frame the correct response and affidavit (if required). The response will be submitted.
30 WORKING DAYS
If the Registrar does not accept your initial response, an interview is scheduled, where the arguments would need to be presented in person. If the government is satisfied with the response, the objection will be lifted within 18 months.