Trademark Act
Trademark rights in India are statutorily protected by the Trademark Act, 1999. It provides a legal framework for registering and protecting trademarks, preventing fraudulent use and promoting consumer awareness. The Act addresses trademark registration, infringement penalties, remedies, and transfer methods. The Controller General of Patents, Designs, and Trademarks oversees the administration of trademark protection.
Types of Trademarks in India
Product Mark
Identifies and distinguishes goods rather than services. This includes brand names, logos, or symbols.
Service Mark
These marks outline services provided by a company. Brand names or logos identifying a service are called service marks.
Certification Mark
This indicates that a product or service meets specific standards.
Collective Mark
Used by a group or association to identify goods and services from its members.
Shape Mark
Protects the distinctive shape of a product or its packaging.
Pattern Mark
Protects distinctive patterns or designs used on products or packaging.
Symbol Mark
Protects unique visual symbols identifying a product or service.
Choosing the Correct Trademark Class
Selecting the correct class for your trademark is crucial. India’s trademark system categorizes marks into Trademark Classes 1–34 for goods and Classes 35–45 for services, ensuring your trademark and Trade Name Registration cover the appropriate products and services. You can choose Class 25, Class 41, Class 9, Class 35, or any other class based on your specific goods or services. In India, commonly selected Trademark classes include:
Class 9
Includes computer software and electronics
Class 25
Covers clothing
Class 35
Relates to business management and advertising
Class 41
Pertains to education and entertainment
FAQs on Trademark Objection
Have questions about the Trademark Objection? This section answers common queries about Trademark Objection and what compliance involves for food businesses in India.
During the process of registration the examiner should satisfy with the trademark which means the mark should be compelled with all criteria and rules for registration, in case the examiner feels unsatisfied with the trademark he may object the it. He will intimate to the applicant and the applicant need to respond within thirty days and such reply need to satisfy the examiner, on failing to reply the application will be abandoned and failing to satisfy the examiner may reject the application. Hence, reply should be crafted by an expert of trademark and Legal.
You can get the examination report of the trademark objection on the website of IPI India.
TM expert drafts and files a reply within the 3 working days of objection received subject to the availability of the documents
As far as the status is showing objected you can be able to file the reply for your trademark objection mentioned in the examination report
In case the trademark resembles or infringes any existing trademark or any other reason it might cause damages, in such cases the aggrieved party may file an objection to the examiner and the examiner may solve the issue based upon the parties statements and evidences. When the objection arose the examiner will inform to the applicant and he need to reply within sixty days on failing to do so the applicant will deem to be abandoned.
The Trademark objected will be done by the examiner by questioning on the essential criteria for the registration and the opposed will be done by the third party on the credibility of the trademark.
The reason for the objection can be many either regarding the documents filed or regarding the fulfillment of criteria mandated by the statue and rules.
The objection can be made with respect to the trademark statue and rules, which expressly restrains the registration of the trademark on basis of two ground absolute and relative grounds.