Trademark Objection
When registering a trademark, the Trademark Office may raise objections for various reasons. In this article, we explore the primary grounds for trademark objections. After submitting a trademark application, a Trademark Examiner reviews it and conducts a search for pre-existing trademarks that closely resemble the proposed mark. The results of this examination form the basis of the trademark examination report.
In case the trademark application is not made on the proper form, an objection as following is raised by the Trademark Examiner.
“The application is made on form TM-1, for certification mark in respect of goods or services falling in a class, the form of the application should be corrected as TM-4 by filing a request on form TM-16.”
Corrective Action: The applicant can overcome this objection by requesting to correct trademark application by filing a request on form TM -16.
- Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all forms of trademarks that can be registered. Despite the fact that there are various trademarks, their objective is the same: to allow consumers to identify goods and services produced by certain manufacturers or service providers.
The trademark applicant name must be entered properly in an application, as suggested in this article. In case of incorrect trademark applicant name, the Trademark Examiner would raise an objection as follows: “The application appears to have been filed in the name of a partnership firm, names of all Partners of the firm should be brought on record by filing a request form TM-16” Corrective Action: The applicant can overcome an objection for incorrect trademark applicant name by requesting to correct trademark application by filing a request on form TM -16.
