Trademark Objection in India

Trademark is a kind of IPR, which gives an exclusive right for the person or the business who registered their trademark. To exploit such mark to distinguish their goods and services from others which indirectly gains identity and reputation results in goodwill. Such registration of trademark also restrict others from using such trademark and gives right to sue and get compensation for the act of infringement.

But the registration process is quite complex in nature. Once the application is submitted for registration, it needs to cross various fire rings, the important hurdle is the examination conducting by the trademark officer. If the trademark does not satisfy the distinctiveness and other criteria which expressed by the Trademark act, 1999 won’t get published in the journal for completion of registration of process. The officer can raise objections in case any criteria are not fulfilled. So such acceptance of the trademark officer after the examination acts as a condition precedent for the registration.

The reason for Trademark objection can be many either regarding the documents filed or regarding the fulfillment of criteria mandate by the statue and rules. The first one i.e. regarding the documents which will be some mistakes made in the application or the documents submitted such things needs to rectify as per the procedure established. The second one i.e. regarding the trademark statue and rules, which expressly restrains the registration of the trademark on basis of two ground absolute and relative grounds.