How to avoid an objection on your trademark application
Posted On March 24, 2021
Often before starting a business we pay close attention to the feasibility of getting a trademark effectively over the brand name. Trademark filing and trademark registration protection are together a different recreation.
In case your trademark is really specific, there is a possibility that you can protect the trademark registration within 7-8 months (but you can start using your trademark from the date of shipment). During this process, one of the reasons that may delay your trademark registration schedule is if you receive an objection from the ministry. Although there is no way you can predict or ensure the occurrence of this objection, you can at least try to avoid it by following a few things before applying.
What exactly is the trademark objection? Basically while you are logging into ipindia.nic.in and checking the status of your trademark request and saying reputation is OBJECTED and there is an alert showing Waiting for scan report response, it means that a scan file has been issued against your trademark application. .
This examination is carried out by trademark examiners, in which the law explains why you should no longer obtain the trademark or what are the problems that you must correct in your trademark application. All those objections are uploaded as a file, which you can download from the trademark registration website. It must be answered within 1 month from the date of issuance of the report.
So we will constantly try to stay away from trademark objection, but 90% of trademark applications get at least one that can be easily dealt with by any trained attorney (however, in case you have to deal with Beginning trademark agents who don’t know how to present smart arguments, their trademark registration could be extended.) Let’s understand how we can further shorten this trademark registration process.
It is very important to match your trademark application according to the law to emerge as its savior and avoid any objections. There are many stories in which people invested lakhs and lakhs in the packaging of the products, right after filing the trademark application. And due to trivial mistakes he had to pay a huge cost while his brand had been rejected.
Conduct a comprehensive search.
Search for both word marks and phonetics.
Suppose you have chosen the word CURVE as your brand name, so you need to look for the availability of the word CURVE as it is and also KURVE, KARVE, CORVE and all other possible combinations of a word that result in the same sound or a similar sound.
Collect search reports and analyze them appropriately. In case a similar sounding word already exists, try choosing another brand.
2. Don’t use descriptive words:
In case your brand is available, go to the next level and understand if that is a legally acceptable brand. That is, it should not be descriptive in nature, you may find it strange, but the trademark law does not allow trademarks that accurately describe the nature of your products or goods, however, in general, people tend to opt for such names. . Therefore, it is always advisable to opt for a coined word, words that have no dictionary meaning and do not directly refer to your products or goods.
For example, you should not opt for a name like “hair shine” for a shampoo, because an ordinary person can deduce that it is some product related to hair care, which is expressly prohibited by the Trademark Law.
3. Don’t use the name of any geographic location
Try to avoid using a name from any geographical location or place like India, although it can be deleted if used in a combination of words, but generally, in most cases, such trademarks are often objected to under the section 9.
4. Don’t make any clerical mistakes
The most common mistake people make when filing a trademark application is writing an incorrect description of the products / services. Although when you are sure that your product belongs to a certain class, try not to use a common term to describe it. Always check the exact language that is given in a good ranking, select the words and description accordingly. Let’s understand this more clearly by taking an example.
Salt is included in class 30, but you will not find the term rock salt or black salt in class 30, so it is best to avoid this in the description as salt and related items will be well covered within the term salt and as black salt or rock. salt is not specified in class 30, there is a high probability that the examiner will object to this word in the description. This will not only increase the chance of an objection on your exam report, it will also have a cost attached.
In case you need to register a trademark and be free from any possibility of trademark objection and get a successful trademark registration, please comply with the points mentioned above. Any expert lawyer will take into account the above points and will have precise arguments and descriptions so that your Trademark Application is free of cracks that can be exploited by an examiner.
These precautionary measures not only help to ensure the registration of a trademark safely, but also quickly.