There are many myths regarding trademark objection and trademark opposition which are the intrinsic part of the trademark registration. One of the biggest myths is that they are exactly the same. In order to break the various myths we have up with the current blog regarding differences between trademark objection and trademark opposition. For the laymen both of them are the same but with the perspective of the professional there are many differences between trademark objection and trademark opposition. In order to know about the key differences between the above mentioned concepts, you must go through this blog till its last word.
What is a Trademark?
When you enter into the business world you see many marks, signs, symbols, logos, etc associated with the businesses. These marks, signs, symbols, logos etc. are called trademarks in the language of law. These marks are just not for entertainment. They create value for the business due to which they got protected under the law. The law which protects them is called the Trademark Act of 1999. Under this law various types of trademark have been given. These trademarks help in the brand building and earn profit to the business. Hence it has been suggested by the experts to protect their trademark.
What do you Mean by Trademark Registration?
In order to protect a trademark one needs to file an application for the same under the trademark laws. With the application proper documentation and fees needs to be submitted. Once the application is submitted it gets verified by the competent authorities and if they find everything correct and up to the mark, they will issue a certificate as a proof of the registration that is called trademark registration. In order to obtain this registration one needs to follow the proper procedure. Trademark objection and trademark opposition is part of this procedure. They are different from one another. In order to know about the differences between trademark objection and trademark opposition continue reading the current blog.
Meaning of Trademark Objection
Once the application is submitted before the competent authorities to get the registration for the trademark, it gets verified by the examiner of the trademark. After proper verification if he finds anything which is not appropriate or if some document is missing or any other thing which must be there but not or something which is there but not in the correct form, then he will raise the query and that query raised by the examiner is called trademark objection under the Trademark Act of 1999. This objection if not resolved can be the reason for the rejection of your trademark application and after which your fees will be wasted. Hence to resolve such objections must take help of the experts who are having experience with the same.
Grounds for Trademark Objection
Some of the common grounds for the trademark objection which helps to know about the various differences between trademark objection and trademark opposition are:
Similarity with Existing Marks
If the proposed trademark is too similar to an existing registered trademark, it may face objection. The similarity can be in terms of design, pronunciation, or overall concept. This is because the purpose of trademark registration is to protect the trademarks which are already registered, but if similar marks will get protection then it will violate the main objective of the trademark law. Hence on the basis of similarity as well trademark objection can be raised.
Descriptiveness and Deceptiveness
Descriptive trademarks that directly describe the nature, quality, or characteristics of the goods or services may be objected to. Trademarks should be distinctive rather than merely descriptive. Also if the trademark is likely to deceive or cause confusion among the public it can be objected to. If a trademark lacks distinctiveness or consists of commonplace elements, it may face objection. Trademarks should be capable of distinguishing the goods or services.
Generic, Obscene and Immoral Trademarks
Generally the trademarks which are generic, obscene and immoral will not get protection under the trademark law. Use of generic terms that represent common names of goods or services is usually objectionable. Trademarks should have a level of uniqueness and specificity. Also trademarks that include offensive, obscene, or immoral content may face objection. This includes marks that go against public order or morality.
Government Emblems and Names
Usage of emblems, official symbols, or names of government bodies without proper authorization can lead to trademark objection. Commonly it has been seen that such marks usually face objection, because it’s not easy to use such marks or associate such marks with any kind of business. Hence avoid registration on such marks.
Hurtful to Religious Sentiments
Any marks which are associated with any religion in any ways must be avoided to take trademark registration on. This is because any trademark that hurts religious sentiments or is likely to offend a specific religious or social group can be objected to. Hence in order to complete your trademark registration process smoothly avoid such marks which can hurt the religious sentiments for anyone.
Geographical Indications and Functional Features
Use of geographical names that mislead consumers about the origin or beginning of the use of the goods or services can result in objection. Also trademarks that consist exclusively of functional features of goods or those necessary for achieving a technical result may be objected to. Hence one must avoid taking trademark protection on such marks.
Violation of Copyrights and Marks Against Public Policy
Trademarks that infringe on existing copyrights may be objected to. Using someone else’s creative work without permission can lead to objections. Also any trademark that goes against public policy or is of such a nature that may lead to deceive or cause confusion in the public domain can be objected to. Hence such kind of marks which can violate the copyright or of such a nature that it can cause harm to the public policy must be avoided.
Meaning of Trademark Opposition
In the process of registration when the verification of the application filed for the trademark registration is done and everything finds correct and up to the required mark, then the trademark will be put in the public domain or got published so that if anybody has opposition with respect to the same can oppose the same. This objection by the third party is called trademark opposition in the language of law. Trademark opposition is filed by the third party whereas trademark objection is raised by the examiner of the trademark. This is one of the key differences between trademark objection and trademark opposition.
Grounds for Trademark Opposition
Some of the common grounds for the trademark opposition which created the key differences between trademark objection and trademark opposition are:
- Opposition can occur if the proposed trademark conflicts with prior existing rights, including earlier trademarks or established usage in a specific geographical area.
- If the trademark includes scandalous or obscene elements, it may face opposition on grounds of violating accepted standards of morality.
- Similarity in appearance, sound, or meaning with existing trademarks in the same class may lead to opposition on the basis that it could cause confusion.
- If the trademark is contrary to public policy, morality, or any law, it can be opposed on these grounds.
- Trademarks that hurt religious sentiments or are likely to offend a particular religious or social group can be opposed.
- Opponents may argue that the proposed trademark is generic or commonplace, lacking the distinctiveness required for trademark protection.
- Opposition may be based on the argument that the trademark consists exclusively of functional features of goods or serves a technical purpose.
- If the trademark infringes on existing copyrights, opposition may be filed, especially if it involves the unauthorized use of creative works.
What are the Key Differences Between Trademark Objection and Trademark Opposition
Some of the key differences between trademark objection and trademark opposition are mentioned below:
| Trademark Objection | Trademark Opposition |
| It is raised by the examiner of the trademark | It is raised by the third party who has issue with the trademark on which registration has been asked |
| If objection has been raised then within one month of such objection one needs to respond | Once the trademark is published within two months of such publication one must raise the opposition |
| Here there is no fees involved as it is raised by the trademark examiner | Here if one wants to file opposition he or she needs to pay a proper fees for the same |
| It is one of the intrinsic part of the trademark process itself | It’s just one step of the trademark registration process and once the opposition is raised then there is separate process for the same |
| Without giving proper opportunity to being heard one cannot reject the application on the basis of the objection | Without giving proper opportunity to being heard one cannot reject the application on the basis of the opposition |
| Against the rejection appeal can be filed | After hearing the parties final judgment will be delivered and against the same appeal can be filed |
| Once everything is done, acceptance of the trademark is published in the journal | If everything shorted here then the final judgment is delivered to the parties |
Conclusion
Understanding the various differences between trademark objection and trademark opposition is crucial in the trademark registration process. While objection is raised by the examiner based on legal criteria, opposition is a challenge brought forth by a third party. Both involve a formal response and hearing, ensuring a fair opportunity for resolution. Clear comprehension of these differences between trademark objection and trademark opposition helps businesses navigate the trademark registration journey effectively, securing their intellectual property rights.
