When the status of the trademark in the Indian Trade Mark Registry website is shown as ‘objected’, this means that the trade mark examiner has raised an objection against the Trade mark in the examination report. The Registrar, after analyzing the trade mark application can raise objections against the application under Section 9 and/or Section 11 of the Trade Marks Act.
Trade Mark objection is made under Section 9 if the Registrar thinks that the mark is descriptive of goods/generic/ laudatory/ indicating quality or nature of goods. This means that if the mark is not a specific name, but a description of the work or the quality of the product, then the Registrar can raise an objection on the lack of distinctiveness of the Trade Mark.
Registrar can object to the trade mark application under Section 11 of the Trade Mark Act if the trade mark is identical/similar to trade mark which is already on the Trade Mark Registry or even similar to an already pending trade mark application.
If the examiner has objected to the trade mark application, a written response should be filed by the applicant within 30 days of receiving the examination report or when it comes to the knowledge of the applicant that the report is online.
Tackling the Objection
LexOrbis Attorneys have extensive experience in tackling trademark objections. The Trade Marks attorneys of LexOrbis can overcome the objection through a proper and timely response to the Registrar of Trade marks. LexOrbis Attorneys can help the client to pacify the objections of the Registar through a sharp and proper response and advance the processing of the application.