Trademark Objection

When registering a trademark, the Trademark Office may raise objections for various reasons. After submitting a trademark application, a Trademark Examiner reviews the submission and conducts a comprehensive search for any pre-existing trademarks that closely resemble the proposed mark. The resulting examination report, which details potential conflicts, serves as the foundation for addressing objections and ensuring that your trademark is unique and legally protected. This meticulous process safeguards your brand identity and supports fair competition in the marketplace.

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.

  • Various trademark categories can be legally registered, including product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks. Despite their differences, the primary objective of trademark registration remains the same—to help consumers easily identify and differentiate goods and services offered by businesses, manufacturers, or service providers.

    Securing a registered trademark not only provides legal protection but also strengthens brand recognition, ensuring market exclusivity and preventing unauthorized use.

When filing a trademark application, it is crucial to enter the applicant's name correctly to avoid objections. If the trademark applicant name is incorrect, the Trademark Examiner may issue an objection, such as:

  • “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.”
  • How to Resolve Trademark Applicant Name Objection

    To rectify an incorrect trademark applicant name, the applicant must submit a correction request by filing Form TM-16. Ensuring accurate details during trademark registration prevents delays and legal complications.

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