📃 When does a trademark get objected?

There are several reasons for the rejection of a trademark, but the most common grounds include:

• Generic Terms: Words that are commonly used cannot be registered as a trademark. For example, ‘sweets’, ‘sugar’, ‘milk’ are generic words. A company cannot hold exclusive rights to such words.
• Descriptive Terms: Words or adjectives used to describe a product cannot be trademarked. Words like ‘amazing’, ‘great’ are unlikely to be accepted.
• Deceptive Trademarks: Words or symbols that mislead consumers cannot be trademarked. For instance, naming a beverage ‘Alphonso’ which resonates with Alphonso mangoes.
• Offensive Terms: Words or symbols that are contrary to public order or morality cannot be registered.
• Similar or Existing Trademarks: A trademark may be rejected if it is similar to an existing registered trademark, as it can cause confusion among consumers.
• Official Marks: Marks or symbols containing flags, official names, hallmarks, or state emblems of international organizations cannot be trademarked.

📑 What happens if the trademark is ‘objected’?

During the trademark registration process, the trademark must meet the eligibility criteria set out under the Trademark Act, 1994. If the examiner is unsatisfied, they may object to its registration. The examiner will inform the applicant, who will then need to provide a satisfactory response. If the response is insufficient, the examiner may reject the application.

📋 What does the Register of Trademark contain?

The electronic register of trademarks contains details such as the trademark, the class and goods/services for which it is registered, particulars affecting the scope of registration rights conferred, the address of the proprietors, particulars of trade or description of the proprietor, and the convention application date (if applicable).

🔍 What is the difference between an ‘objected’ trademark and an ‘opposed’ trademark?

An ‘objected’ trademark is when the registrar is not satisfied by the examiner. An ‘opposed’ trademark refers to an objection from a third party against the registration of a trademark.

📑 Where can I get the examination report of trademark objection?

You can review the trademark objection report on the IPI website India.