The document discusses trademark objection cases in India. The trademark examiner may raise objections to trademark applications on grounds of lack of distinctiveness, similarity to pending or registered marks, or if the applicant is not an honest concurrent user. Applicants have 30 days to respond to objections, then must wait for further action from the trademark department, who may publish the mark or issue a notice for a hearing. Other parties can file oppositions within four months of a mark being advertised.

1. OBJECTION CASESES PRESENTATION
© MONETIC ALL RIGHTS RESERVED 2016

2.  Trademark Objection is a preliminary refusal issued by
the trademark examiner after examination of
Trademark application.
 According to Trademark Act,1999, the examiner of
Trademark may raise objection on following grounds:-
a) lack of distinctiveness (Section 9)
b) similarity with pending or registered marks
(section 11)
 Provided that applicant is not a honest concurrent user
of said Trademark.(section 12)
© MONETIC ALL RIGHTS RESERVED 2016

3.  Within 30 days of receipt of objection from the
Trademark Deptt., the applicant or his authorized
attorney has to file reply to examination report with the
Trademark Deptt.
 Then applicant has to wait for the further action on the
part of Trademark Deptt.
 If the Deptt. satisfied with the reply, then he may order
for publication of ‘mark’ in the Trademark Journal
otherwise may issue notice to the applicant for hearing
 Any person whose mark is similar or identical with said
trademark, can file notice of opposition against the
trademark within four months on which mark is
advertised or re-advertised in the trademark journal.
© MONETIC ALL RIGHTS RESERVED 2016

4. 460, 3rd Floor, Kohat Enclave,
Pitam Pura, New Delhi -110034
91-8882580580
support@registrationwala.com
www.registrationwala.com
© MONETIC ALL RIGHTS RESERVED 2016

5. © MONETIC ALL RIGHTS RESERVED 2016