TradeMark & Design Registration

The significance of Intellectual Property Rights has been increasing daily in India. With businesses taking over new sectors and start-ups turning unicorns, almost everyone knows the impact IPR can have on the company and what can eventually happen if one takes the term ‘infringement’ lightly. With Design and Trademark being one of the most useful IPR elements, the registration process of the two is quite complex compared to copyright and patents. Often during the registration process, the Trademark registrar or Design examination officer can raise objections to the application. Here’s what you should do to confront objections and replies for Design and Trademark.




What is a Trademark & Design?

Trademark and Design are two very separate things that shouldn’t confuse anyone. Companies often use designs, logos, or a set of words through which one can identify their company or their products. These marks are known as Trademarks. While on the other hand, Design refers to the shape, pattern, configuration, or composition of color or lines.

What is the difference between Trademark registration and Design registration?

One can look at their registration to wholly separate and distinguish between Trademark and Design. According to the Trademark Act, 1999, a Trademark registration protects words, letters, symbols, names, or drawing in commercial use to differentiate goods or services from each other. On the other hand, Design Act, 2000, a Design registration, protects new and innovative designs.

What to do in case of design objection?

During the registration process for Design under Design Act, 2000, one can face a scenario where the examination officer raises some objections to the design application. This doesn’t mean that the application has been rejected but has been stalled until you give the examination officer a reply on the issue. The scenario of objection and replies for Design should not get carried on. These are some of the reasons why the officer might have objected:

  1. Design is not considered novel.
  2. Representation is not proper.
  3. Pictorial representation in the application is not proper.
  4. Power of Attorney has not been submitted.

One must reply to the objection within six months of the date of objection notice, or else the application will be abandoned. Recheck your application to confirm which of the above four is the reason behind the objection, and submit the reply to the examiner by resolving the issue.

What to do in case of trademark objection?

Trademark registration is carried out under Section 18 of the Trademark Act, 1999. On record, it takes a year or two for the Trademark to get registered if no issue is caused with the application during the registration. One might need to deal with a situation where the Registrar objects to the initial level of the registration process. This objection can result and act as the refusal and rejection of your application. But don’t worry, the objection and replies for Trademark won’t occur again and again. These are some reasons why the officer might have raised an objection:

  1. The application has incomplete or wrong information
  2. A similar trademark already exists
  3. The mark is already published in the Trademark Journal
  4. The applicant has used the mark before registration.

One must reply within two months from the date of objection notice, or else the application will be abandoned. File a counter statement to the objection, and look into the potential reasons that would have caused the rejection of the registration of the Trademark.

What will happen if you don’t file for objection?

 In the case of objection and replies for Trademark and Design, if someone does not intend to reply, the same situation will occur in both of the registration processes despite their differences. In both instances, the examiner and Registrar hold the right to abandon the registration application if they are not served with a good reply for their objection.

Conclusion:

Facing a situation where the Registrar or examiner objects to the registration application for a trademark or Design is something one would not want to meet. Despite this, if you ever see yourself in such a situation, the above tips can help you drive through the issue and reply with a righteous claim. Although, it is worth noting that one must take help from legal professionals and law firms so that the application does not face the situation of getting stalled and objected to by the authorities.

FAQs:

Is Trademark Act, 1999 & Design Act, 2001 Different From Each Other?

Yes, Trademark Act, 1999, and Design Act, 2001 are two different acts under the Intellectual Property Laws in India.

What Happens If You Don’t Reply To A Objection?

It results in the abandonment of the registration application.

Do you need help from a lawyer to file a Trademark objection reply?

Indeed, you do. A professional working in the field will ensure that the objection reply is sent without any issues and possibilities of getting abandoned.

 

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