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Trademark Objection

Overview of Trademark Objection

The Trademarks Act, 1999, provides for the registration of a trademark in India. The owner of the trademark has to apply to the Registrar of Trademarks (‘Registrar’) for obtaining the trademark registration. Upon receiving the application for registration, the Registrar will advertise the trademark in the trademark journal.

Any person can file an opposition for registration of the trademark published in the Trademark Journal. The opposition is to be filed to the Registry of Trademarks, where the trademark registration application is filed. When the trademark registry receives any kind of opposition to the trademark, it will conduct a hearing to decide the matter.

The Trademark Act, 1999 and the Trade Marks Rules, 2017 provides the process of trademark opposition.

Eligibility criteria for Trademark Objection in india

  1. The trademark is identical or similar to an already existing registered trademark.
  2. The trademark is descriptive in nature.
  3. The trademark is devoid of distinctive character.
  4. The trademark is customary in the present language or the established practices of business.
  5. The application for trademark registration is made with bad faith.
  6. The mark is prevente by law or contrary to the law.
  7. The trademark is likely to cause confusion or deceive the public.
  8. The trademark contains matters likely to hurt the religious feelings of any section or class of people.
  9. The trademark is prohibite as per the Emblem and Names Act, 1950

Documents required to Trademark Objection

  • Individual/Startups
  1. Identity proof
  2. Business registration document
  • Company/LLP
  1. Shops Establishment License
  2. Certificate of Incorporation
  3. Address proof of the company
  • Partnership firm
  1. The Partnership Deed

FAQs About Trademark Objection?

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