Trademark Objection Reply

After making an application for Trademark Registration if the Government or the Third Party existing in the market has taken any objection for Registering the Applied Trademark will have to file a reply to the Authorities by letting them know how important is this mark for Registration to us. Objections can be raised under two section i.e under Sec 9 and under Sec 11 will understand the both below:

Objection under Sec 9:- This objection is raised by the Government which says that the mark applied for is a generic word and consists exclusively of words or indications which may serve in trade to designate the intended purpose of the service. What does it means let us know with Example

Spoon, Table, Chair, Tea, Technology is a generic word which can be used by every one we cannot stop it but TATA TEA, WAGHBAKRI TEA, NILKAMAL CHAIRS, SYSKA Technology becomes a brand. Hence Trademark has to be of a unique name.

Objection under Sec 11:- This objection is raised on the relative grounds of refusal because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services. This means that the Mark which has been applied for is Similar with the Existing Mark under the same class. Trademark’s has been classified under 45 classes.