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What is Trademark Objection?
Once a trademark application is filed, a Trademark Examiner examines the the application and makes a search of earlier trademarks – which are identical or similar to the mark being examined. The findings of the Trademark Examiner are compiled as the trademark examination report.
Use Of Incorrect Trademark Form.
In case the trademark application is not made on the proper form, an objection as following is
raised by the Trademark Examiner.
“The application is made on form TM-1, for certification mark in respect of goods or
services falling in a class, the form of the application should be corrected as TM-4 by filing a
request on form TM-16.”
Corrective Action: The applicant can overcome this objection by requesting to correct
trademark application by filing a request on form TM -16.
Incorrect Trademark Applicant Name.
The trademark applicant name must be entered properly in an application, as suggested in this
article. In case of incorrect trademark applicant name, the Trademark Examiner would raise an
objection as follows:
“The application appears to have been filed in the name of a partnership firm, names
of all Partners of the firm should be brought on record by filing a request form TM-16”
Corrective Action: The applicant can overcome an objection for incorrect trademark
applicant name by requesting to correct trademark application by filing a request on form TM -16.
Failure to File Trademark Form TM-48.
Whenever a trademark application is filed by a Trademark Attorney or Trademark Agent on behalf of
the applicant, Trademark Form TM-48 must be attached. In case Form TM-48 is not attached or
incorrectly executed, the Trademark Examiner would raise and objection as following:
“The application has been submitted by a person other than the applicant, a duly
stamped Power of Attorney in favour of a particular agent should be filed.”
Corrective Action: The applicant can overcome an objection for failure or incorrect
Form TM-48 filing by requesting to correct trademark application by filing a request on form TM -16.
Trademark is Deceptive.
An objection can be raised by the Trademark Examiner, if the mark has potential for deception of
the public by reason of something inherent in the mark itself or in its use, like nature, quality or
geographical origin of the goods or services. An objection as to deceptive trademark can be overcome
if the applicant seeks to exclude goods or services from the specification by filing Form TM-16.
Document Required for Trademark Objection
- Product Images
- Sales Invoice
- Domain Registration Copy
- Website Screenshot
