January 4, 2023 In Trademark

Tips To Avoid Getting Objection On A Trademark Application

Trademark objection is raised when a trademark application filed fails to meet the rules and guidelines set by the concerned authorities. The trademark examiner could raise an objection for various reasons like similarity to any existing mark, hurting religious sentiments or containing obscene or scandalous material etc. A trademark application can be objected for one or multiple reasons. Though there isn’t any thumb rule to avoid trademark objection, it can be avoided if the trademark application is submitted with more attention and care. Here are a few tips to help you avoid objection on your trademark application.

Do Not Use Existing Marks

The marks that are already registered or filed for registration are all recorded in the trademark registry database. Marks recorded in the trademark database cannot be registered again. If an application for registration is filed for an existing mark, it would be objected by any third party having objection as well as the trademark authorities.

Thorough Research

The first step in the process of trademark registration is to conduct thorough research in the registry database with respect to similar phonetic and word marks. Extensive research of the trademark database helps to come up with an uncommon and exclusive trademark. If any similarity is found in the mark with respect to word or sound, avoid such marks to avoid objection of your trademark application.

Distinct Words

For a mark to be registered, it has to be distinctive. Being descriptive does not make the mark distinctive enough to be registered without any objection. It is recommended to choose a word that is non-descriptive, unique and different. As per the trademark law, you are not allowed to register a particular trademark if it describes the nature of product and/or service. Make sure to pick a word that does not have a direct connection with the product.

Avoid Popular Names

Never go for popular names or combination of existing popular marks even if their combination is available for registration. If you pick a well-known or a combination of popular names, there is a possibility of getting trademark objection. So, to evade such objection, try to avoid popular names even if they are available for registration.

Avoid Scandalous Marks

Never choose marks with names and flags that are protected under the Emblems and Names Act. As per the Prevention of Improper Use Act, 1950, anything of state or national concern that is secured under National Regulations cannot be considered for trademark registration. If applied, such marks would be objected as scandalous mark or symbol.

So, be mindful of these points to avoid objection on your trademark registration application.