After the trademark is applied and passes the formality check the trademark is analysed by trademark examiners. This is done within a period of six months to one year from the date of filing. The officials scrutinize the application forms, the mark and also run their own trademark search. After the analysis done by the examiner he may send a Examination Report containing a Search Report.

A reply to examination report needs to be filed by the applicant or its attorney within a period of 30 days and if not done the examiner may refuse or abandon the mark

In simpler words, trademark objection is a process where the examiner may put an objection to your application. The objection is not a denial to your Trademark but the registrar seeks valid reasons or explanations about the mark and its capability to get registered. When the examiner objects your mark the status of the mark changes to “Objected” and an examination report is sent to your service address giving opportunity to the applicant to explain how the said trademark fits the criteria to avail valid registration.

There are mainly two specific reasons for trademark objection:

1. The Application contains incomplete or wrong information.

A trademark application needs to be perfect and without any errors or false information. If there is any wrong information such as, incorrect applicant name, principal place of business, etc. it is very likely to attract objection.

Some common errors are:

A. Incorrect details in Trademark form

B. Wrong filing of a Trademark form

2. Objections by examiner under Trademark Act.

Any trademark that is likely to spur confusion among the public or which misleads the public are deceptively similar mark. It can be about the product’s real source/ description between the related goods or services, its use, quality, and character.

The grounds of refusal of TM application can be divided into two parts:

Absolute grounds of refusal– refer to the incapability of marks to be distinctive or graphically presented

Relative grounds of refusal – These are always in connection with earlier trademarks and their related rights.

Some of Grounds are:

A. Deceptive Marks

B. Lack of Distinctiveness

C. The existence of an Identical Trademark

D. Offensive or obscene words as a part of or as a trademark

Note: After the reply has been filed the examiner may call for hearing in relation to the particular mark which is objected. The application will go forward only when the examiner is satisfied regarding the reply to objections raised.