Suppose you have come up with a very quirky and unique name for your brand. When you apply for the Trademark registration, you see the registrar is objecting to it. You’re completely sure of its originality, yet you can’t decide what went wrong. It can happen to anyone. Having a general idea about the grounds of Trademark Objection goes a long way when you’re thinking about naming your new enterprise.

Primary Grounds for Trademark Objection:

1. Incomplete/wrong information: A trademark application should not contain any error or false information. 

2. Similar trademarks exist already: If a similar or identical mark exists in the market prior to your TM registration filing, then your application will be rejected by the registrar.

Other Grounds of Trademark Objection:

• Deceptive Marks: Any mark containing a complicated or deceiving element, is most likely to get the objection from the registry.

• Lacks Distinctiveness: If a mark isn’t unique, it creates confusion and consumers fail to identify goods or services from your brand.

• Offensive words or obscenity in trademark: Any sign with disparaging or offensive word and the image will be objected to while filing for TM registration.

• Descriptive in Nature: If the desired trademark is like a description of your product, the registrar will not give the green signal.

• Includes Common Phrase: Your Trademark must not include everyday speech and vernacular.

• Emblem and Names Prohibition: It should be devoid of certain emblem and names which are prohibited under the Emblem and Names (Prevention of Improper) Act, 1950.

• Derogatory Religious Hints: The TM should not hurt any section’s religious feelings.

Trademark Objection with Ease

The Intellectual Property Appellate Board (IPAB) is very much strict and responsible at the same time to maintain the worth of Trademark in India. It is why giving a Reply against a TrademarkObjection is essential for an applicant and failing to do so would lead to several mishappenings. 

If your applied Trademark still gets objected to, you can avail an assigned TM expert at Online Legal India™ to take care of everything, starting from drafting the reply to objection to any lawful formalities afterward, at a very affordable cost.