A close look at why trademark application is objected, how to overcome objection.
During the process of examination of trademark application by the examiner, several checklists are proceeded.
Examiner check if your application is accordingly filed or not. after that only, they will proceed it for further checking.
Existing Trademark
If any existing registered trademark of same class is present any is similar or same to your trademark name, your application might get a objection.
Class Check
Suppose you want to Register a Tradename which is not registered in your aimed class, but it is already registered in any other class. In this case your trademark application will objected if the registered mark is of a big company. Ex: Sony, Samsung....
Common / General / Descriptive Terms
If you use a common / general word in your tradename you will get objection from the department, examples of general terms are: pink, blue, beautiful... etc.
Descriptive terms are general terms that are used to define or add a description to a item or product, If you use descriptive terms in your tradename you will get objection from the department, example of descriptive terms: healthy, discounted, cheap... etc.
What if you got a trademark objection?
With the examination report you got a very described reason why your trademark is objected, professionals at LegalRaho.com try to make your opinion more legally feasible to register the mark. So, objection is the mean to make a move to clarify your side of the story.
Dialogues / Punch Lines (if already existing and registered)
if you try to register a dialogue or punch line your application may get objected as it is possible if someone already registered a dialogue or punch line.
How to decrease the rejection state?
The only answer to this question is, create a unique name or consult a professional. We at LegalRaho.com try to combine unique names and different search practices to decrease the rejection rate of the trademark. With searching in every class we further add more surety to the registration.
What are the laws that govern Trademark Objection?
Trade Marks Act, Section 9 and 12 gives a very descriptive law to govern the trademark objection, whether or not the examiner should state the application as objected.