Trademark Objection

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Overview

An objection concerning trademark registration may be made by the Registrar or Examiner if they are of the opinion that the trademark lacks distinctive character and/or does not identify separately from the goods/services/both of another entity’s trademark. A distinctive character is essential to a trademark since in absence of the same it is difficult to distinguish one trademark from the other and hence the objective of trademark registration is lost

When does an objection arise ?

  • It arises if any of the following situations take place:
  • The information given in the trademark registration application is incorrect or inadequate.
  • Another trademark of similar nature is already in existence.  An objection is filed in public interest by a third party or the general public if and when: 
  • The registered trademark is published in the Trademark Journal OR 
  • A trademark is being used before it has been registered. 

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