Trademark Objection means, the trademark registry has examined or checked your trademark application and while checking, they have reasons to object the application and ask for clarification on certain points. The registry uploads a copy of Examination Report on their official website
http://ipindia.nic.in(trademark application status) and sends a letter to the applicant asking for a reply.
Here the Objection is raised by the Trademark department on its own and there is no third party, company or competitor brand which has raised its objection. Such third party raising objection is called Trademark Opposition.
But now, within 4-6 months examination report is issued. So it is advisable to get your trademark application status checked every 15-20 days. A notification in this regard may be referred on
Once you file a trademark it pass through the examination stage and if applicable than hearing.
The Trademark Registry examines a trademark application within a period of six months to one year from the date of filing. An Examination report is issued in case the Registry has some objection/s with the registration of the application, which may relate to the question of the distinctiveness of the trademark, not meeting the qualifications under the act, existing similarity with prior registrations, and filing of supporting documents.
If a mark is accepted during examination, the trademark office will issue an acceptance order and the trade mark will be published in the journal. However, a trade mark is rarely accepted without objections. If registration of a trade mark is objected by the examiner while examining the application, the applicant or his agent must respond to it within one month from the date of receiving the examination report. Now what are these objections and how to obviate each of them is also an art.
Below is the list of few common types of objection that are generally raised by the examiner. In order to answer them correctly and satisfactorily, it is important to first know what these objections are and what they mean.
Objection 1: The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services. The detail of same/similar trademarks is enclosed herewith.
The objection is raised under S 11 (1) of the Trade Marks Act, 1999, as the mark is identical with or similar to earlier marks in respect of identical or similar description of goods or services and because of such identity or similarity there exists a likelihood of confusion on the part of the public.
Objection 2: The trade mark shall not be registered because it is consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service.
This objection is generally seen for the marks which are essentially descriptive words. For example Shine and glow fairness cream or pure water as a mark.
This objection generally put forward when the brand is making it evident about the purpose or very inseparable inherent quality of the mark or other associated characteristics of goods and services to which the mark relates.
Objection 3: The objection is raised under S 9(1) (a) of the Trade Marks Act 1999, as the mark is a common surname/personal name/geographical name/ornamental or a non-distinctive geometrical figure and as such it is not capable of distinguishing the goods or services of one person from those of others.
This objection can be obviated by stating reasons how the applied trademark has a distinctive meaning, such as the name is coined word not a dictionary word, it is not associated with a geographical name and all possible arguments that connotes the brand name so applied has an inherent indisputable distinctive identity.
But in case the name is actually a surname or a personal name as seen in case of signature fashion designers labels and also the CA and legal professional brand name which are generally their own surname, it is pertinent to put forward how the applied name has over the time acquired a distinctive meaning and identity with respect to applied goods and services.
To know about Trademark class
The response or reply to an examination report must include:
- Point wise answer to the objections raised;
- Relevant case laws or precedents of the trade mark office; and
- Supporting documents to prove inherent or acquired distinctiveness.
- An affidavit of Usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage
It is always advisable to construct a relevant reply keeping an eye over the cited marks and cited objections. A good examination reply negates the chances of hearing and hence helps in accelerating the trademark registration process.
A good IPR attorney focuses on all small details over the objections raised not only during the process of examination but conducts a thorough search before applying any trademark.
In case, the objections are not being answered to the satisfaction of the trade mark office through the response submitted to them, the applicant can avail an opportunity of hearing before the Trademark Registrar, where he/she can present submissions orally. The hearing is generally conducted by the Assistant Registrar or Senior Examiners of Trade marks.
In case, an applicant or his/her agent satisfies the objections of the Trademark Office via response or hearing, the examiner or assistant registrar, whoever has heard the matter, orders the publication/advertisement of the Trademark in the Trademark Journal.
First copy of this article is written by INC42
- Published in Trademark Registration
- Changes have been made to ensure more clarity, uniformity, and transparency in approving the names for companies at the time of incorporation
- The ministry has brought in amendments to the Companies (incorporation) Rules, 2014
The corporate affairs ministry has amended the rules pertaining to incorporation of companies to provide more clarity and uniformity in choosing names for the companies, according to an official.
The ministry has brought in amendments to the Companies (lncorporation) Rules, 2014.
The move also comes against the backdrop of instances where applications by companies for registering their names have been rejected due to various reasons, including trademark issues and proposed names being too general.
The official said the changes have been made to ensure more clarity, uniformity, and transparency in approving the names for companies at the time of incorporation. He also noted that the rules have been updated so that there is clarity for people to apply as well as for officers to process the requests properly.
Among others, the ministry has now provided illustrations regarding the applicability of various names.
Entrepreneurship is an act of starting with new assignment and the associated risks along with the inbuilt responsibilities. It goes beyond just the creation of a new venture to ensure its continuous survival. An entrepreneur is the one who has the will and ability to transform a mere idea or invention into a successful innovation. The ability to create something new and initiate change in the society is what makes all the difference and signifies the act of entrepreneurship. In the recent times it has become an ultimate tool to tackle almost all the economic problems. India is a developing economy and there is a dire need to come up with an alternative that would not only help fight the problems of unemployment and sagging growth rates but would also help economy in strengthening its footing against the developed economies.
“Entrepreneur = Innovation + Risk + Responsibilities + Accountability”
Key Issues in India
- Advancing Towards a Digital Economy
- India’s Infrastructure Gap
- India’s Manufacturing Growth
- Quality of Institutions
- Employment and Employability
- Global Interests and Positioning
- Agricultural Reforms
India & its Youth
Youth are the backbone of any nation. Youth being energetic, artistic, innovative, enthusiastic and dynamic in nature constitute the most crucial part of the population. They have all the qualities that are necessary to make a nation strong and capable of standing its rivals. India seems to stand at an advantage because of its huge youth population which is higher than any other nation. The higher number of young individuals means more educated job aspirants looking for suitable job opportunities. Youth are the active participants and creative digital innovators whose contribution to sustainable development has always remained visible. However, to utilize their talent to the best, proper policy measures and motivation mechanisms are needed to channelize their energy in the right direction towards the right goal. Motivation mechanisms are needed to channelize their energy in the right direction towards the right goal.
The process of entrepreneurship from the day of inception of idea is a long one. Entrepreneurs go from the various paths to tackle the challenges. They become a new way to achieve what one is capable of. Moreover the zeal to do something new and be one’s own boss makes it a perfect option for young individuals. The lack of resources, knowledge, accurate information, legal complications and negative societal environment makes the process more tedious and painful. These problems discourage many young individuals from taking up the opportunity due to fear of losing and falling in financial crunch.
Key Issues for Entrepreneurship in India
- Human Capital and Mindsets
- Emerging Market Entrepreneurship
- Ecosystem for Innovation-Driven Entrepreneurship
- Corporate Intrapreneurship
- Social Impact-Driven Entrepreneurship
Youth Entrepreneurs and their role in Indian economy
Youth has a potential to contribute to personal development of young people, and improve their living and to address injustice in society.
“An economy is the effect for which entrepreneurship is the cause”.
Entrepreneurship has become an important subject of investment and thus governments are taking all the possible steps to solidify its footing in economy. Thus, entrepreneurship serves to play many roles in a nation and therefore needs to be addressed from different views considering the level of development of respective nations. A young person through his act of starting a new enterprise sets an example to other young people and thereby presents entrepreneurship as a mechanism for garnering employment and better financial outcomes for aspiring young folks. There have been tremendous efforts undertaken by the Indian government to boost entrepreneurship and encourage young entrepreneurs. Various initiatives in the form of introduction of Make in India (2014), Startup India (2015) and Digital India (2015) campaigns have been launched to strengthen manufacturing sector, make funding easier and connect rural areas by developing their digital infrastructure. These initiatives are expected to boost the confidence of entrepreneurs and make government services available in all areas.
Entrepreneurship is being recognized as the driving force of the market. Innovation is crucial for a driving economy and it is in great demand for the increasingly competitive world. India has witnessed several innovative ideas and business driven by start-ups thus leading to entrepreneurship emerging as a valuable input to the economic growth of the country. In the context of Indian market, both the central and state level, have been taking initiatives to boost the entrepreneurial ecosystem as they realize the benefits entrepreneurship brings to the economic growth of the country.
Firstly, an entrepreneur is not just creating self employment but also building a structure for small to large scale enterprises. This in turn stimulates the economy. Secondly, an entrepreneurship also helps in modernization in the regional areas. So, they are setting up the base in their home town and driving investor attention and incubation centers to these cities too. Thirdly, an entrepreneurial driven economy drives innovation in manufacturing of goods and services at an affordable price. These are for the consumption within the country and hence, will lead to growth in the national income and reduce import dependency making economy stronger.
Youth entrepreneurship has the ability to save the nation from high unemployment, poverty and stagnation. The list of benefits that young entrepreneurs provide to a nation is never ending. There is a strong need to initiate an “entrepreneurial revolution” that would help generate the entrepreneurial spirit among the youth of the society. It is important to create an environment that is suitable to youth entrepreneurship.
“Every single person I know who is successful at what they do is successful because they love doing it.”
Written by Barkha singh