What is a Trademark Objection?

What is a Trademark Objection?

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The Trade Marks Office can, for various reasons, have objections to your trademark application. This may be because the word or logo is too similar to an existing trademark, because it could hurt religious sentiments or if it is likely to cause confusion, among various other reasons. You must file your response to this objection within a month from when the Examination Report has been published online. If it has been sent to you or your lawyers, then a month from when it was received. If you don't, the Registrar could abandon the application altogether.

Why Respond to a Trademark Objection

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Likely Clearance

If you respond with clear evidence regarding the distinctiveness of your trademark, the chance that your application will be cleared is high. So there's no reason for your application to be abandoned just because of the objection. The Registrar may only need a clarification.

Brand Protection

By the time of the objection, you would have been using the ™ symbol for a few months. Your customers would have likely become accustomed to the brand name. Filing a new application would not make business sense. Instead, you could simply identify the list of reasons your logo, slogan or brand name are different.