Trademark Objection

An application for registration of a trademark can be objected by the Trademark Office for a number of reasons. In this article, we look at the top reason for trademark objection.

Trademark Objection

Once a trademark application is filed, a Trademark Examiner examines the application and makes a search of earlier trademarks – which are identical or similar to the mark being examined. The findings of the Trademark Examiner are compiled as the trademark examination report.

Use of Incorrect Trademark Form

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.

Incorrect Trademark Applicant Name

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.