A Brief Overview of Trademark Objection Grounds in India
A registered trademark can help the owner of the mark prevent unauthorized use of the mark while also creating a valuable intangible asset for the company. However, the trademark registration process is lengthy, typically taking 12–18 months to determine the final status of a filed trademark application. Because the trademark application process takes so long, many businesses begin building a brand around a mark while the trademark application is still pending. If the trademark application is finally approved and the mark is registered, the efforts spent on brand building are protected. However, if the mark is not registered for some reason, the brand may be jeopardized. Because trademark registration is so simple, people frequently overlook it. These things lead to mistakes, and mistakes are what the department is always on the lookout for. As a result, we examine some of the most common reasons for Trademark Objection so that these blunders can be avoided when selecting a business or trade name. So, in this article, LegalRaasta will discuss the most common grounds for Trademark application rejections.
1) Application in the incorrect trademark class
A small business that makes and sells fresh juices wanted to register its brand name Juicy Lounge as a trademark. Normally, the company should file the brand name under Class 30, which is designated for Class 30. The NICE International Classification designates Class 30 for various types of food and beverages. However, the particular company registered their trademark in the incorrect Class 42, which is for Science and Technology. The product is unrelated to science and technology, and the company provides no science and technology-related services. The incorrect filing could be due to a lack of understanding of the NICE International Classification. A consultation with the best trademark agents, such as LegalRaasta, could have avoided this unanticipated situation. A trademark class categorizes a trademark according to the product or service it represents. For example, if you want to sell alcoholic beverages, you would select trademark class 33; if you want to sell footwear, you would select trademark class 25. Similarly, 45 trademark classes exist. If you file an application for a trademark in the wrong class, the department will object to its registration.
2) Inadequate description of goods or services
The 45 trademark classes are clearly defined. They can, however, be perplexing to the uninitiated. As a result, you must provide accurate goods or service descriptions for your product. However, we discovered that most businesses have no idea how to put together a description of their product or service. As a result, the descriptions are frequently ambiguous, making the department happy to reject your trademark application. In your application, you must specify the goods or services that you use or intend to use with your trademark. You want to identify the actual goods or services you offer under your trademark, not how you use it.
For example, suppose you own a winery and want to register your wine’s trademark. Because your trademark appears on your wine labels, you incorrectly identify your goods as “labels” in your application, when the goods are actually the wine. Your application will be denied because you are selling the wine rather than the labels.
3) Trademark issues
A copied trademark is not the only type of trademark issue that violates trademark law. If your trademark is vaguely similar to one that is already registered, it is interpreted as an attempt by you to create a deceptively similar trademark. If you use obscene or offensive terms in your trademark, it will be rejected. If your trademark contains descriptive terms that describe the product or service you want to mark, the department will reject your application. Trademark issues account for the vast majority of reasons for Trademark Objection. If the examiner is completely satisfied with the mark but requires some conditions for the use of the mark’s appearance, they may also reject the Trademark application. Many trademark applications are denied because they may be in conflict with an existing registered trademark. Having two identical trademarks is against intellectual property rules and will cause consumer confusion. As a result, any trademark that is similar to or may be confused with an existing trademark will not be registered.
4) Generic Terms or Phrases
Dictionary words or terms cannot be trademarked. A trademark representing a specific product activity or the actual business idea is most likely to be rejected because of the generic terms or words used. To sell chairs, a company, for example, cannot trademark the word “CHAIR.” Because chair is a generic term for the product, no one company can have exclusive use of the term. Another example is that if a car manufacturing company attempts to register its brand name by including the car manufacturing units at the end, the registration will be denied. We see brand names like Maruti Suzuki, Hyundai, Toyota, KIA, Mahindra, Tata Motors everyday advertisements.
5) Disrespectful terms or words
Trademarks containing offensive terms or words that are contrary to public order or morality are not eligible for registration. Furthermore, words and marks that are considered offensive or violate commonly accepted moral standards are generally not permitted to be registered as trademarks. Trademarks displaying a ‘relative’ presence to a particular religion, caste, community, or group will be rejected if they appear to be offensive to people directly or indirectly, proposing to hurt sentiments of a group, or favoring a community in the eyes of the registrar. Slang words, disparaging, provoking, or repulsive terms are frequently rejected by the TM office’s registrar. Offensive strings are not permitted because they may offend the sentiments of a particular religion, caste, or community. These trademarks are more likely to be rejected by the office.
6) Official Terms are not trademarkable
Official names, flags, armorial bearings, official hallmarks, patriotic music, and emblems of states and international organizations are not trademarkable. Individual states’ and international organizations’ trademarks, such as their national emblem, symbol, character, or an animal image, are protected by national regulations and thus cannot be trademarked. These are never affirmations for registrar acceptance. As a partner or beneficiary in the proposed organization, it is directly or indirectly related to any legal authority. Our country’s trademark law adheres to the cross-border concept; if you use a trademark that is well-known in other countries, you are more likely to be rejected by the original trademark owner. These are never affirmations for registrar acceptance. If the Trademark contains any certificated terms, design, or words, the application may be rejected by the examiner because it is against the public welfare and may incorrectly influence customers.
How can these grounds of Trademark objection be avoided using legalraasta?
Ø Creating the most distinct trademark possible.
Ø Conducting a thorough trademark search before filling out the legalraasta application form.
Ø Preparing a response in advance, with a trademark objection as an expected outcome.
Conclusion
There are some mistakes you cannot make when attempting to register your trademark. As a result, you must decide on the trademark and properly file its application. It is also critical to remember that you must adhere to all Trademark Registration restrictions and guidelines in order to avoid the aforementioned grounds for Trademark objection. However, it is always advisable to hire a professional Trademark Agent such as LegalRaasta after beginning your Trademark Registration process because they will verify your brand, logo name, and suggestions before you begin your business. Each case is given the attention it deserves when you work with us, and our top lawyers will manage your case, create the necessary documentation, and guide you through the process. When it comes to registering your business trademark online, you can rely on LegalRaasta to provide you with the best legal advice. We would assist your company at every step of the way in obtaining a registered trademark for your company, having registered hundreds of trademark applications since its inception.