When you file a trademark application, it will be examined by the trademark registrar. And based on their inspection, an examination report will be filed detailing the status of the application. In the worst case scenario, the registrar might object to your application on several grounds. And this can be pretty disappointing since you might have been eagerly looking forward to the approval. But before you take the appropriate action to counter the report, you should know the type of objection raised by the registrar.
Types Of Trademark Objections
Generally, two types of objections will be raised against your trademarks – formal and substantive objections. A trademark objection raised in situations where your application contains certain technical faults like wrong trade description, error in the name of the country etc is known as a formal objection. You can easily resolve such issues by just correcting the errors pointed out, whether it be in the name, location or anything else. Substantive objections are raised when your trademark might not meet certain criteria as laid out in the Trade Marks Act 1999. These include similarities your trademark may share with the already registered trademarks, any indication that might hurt religious sentiments, contains obscene elements and so on.
Substantive objections are a bit more complicated to resolve since you will have to come up with a unique answer that shows how such objections do not hold ground. For example, if a substantive objection is raised as to how your trademark looks or sounds like an existing trademark, then you will have to come up with a reply that clearly explains how your trademark is distinct from the one being compared against. And based on the logic of your reply, the trademark may or may not be granted to you.
What To Do When You Receive A Trademark Objection
The first thing you need to do when you see the Objected status of the application is to download the examination report for easy future reference. You will usually have 1 month from the date of issue of the report to file a reply. So, check the report date to see how many days you have left to give a proper response. You can then approach any reputed service that handles trademark objection reply and hire them to draft a convincing reply that highlights your case positively. It usually takes about 5 to 10 days to create an effective counter. Once you have the reply, you can file it and wait for a response. Note that it might take about 6 months to receive a reply from the registrar. So, be patient for the time being.
It may be better if you choose to file trademarks through reputed services like Quick Company since Trademark filing by QuickCompany.in is often errorless and have far less chance of receiving formal objections. And if you are hit with substantive objections, the team knows exactly how to handle them and can help you resolve the matter quickly.