Navigating Trademark Objections and Hearings
Receiving an 'Objected' status on your trademark application can be stressful. However, it is a routine part of the legal process. Approximately 40-50% of applications face some form of objection.
1. Understanding the Examination Report
The Registrar issues an examination report stating why they believe your mark shouldn't be registered.
Section 9: Absolute Grounds
These are objections based on the nature of the mark itself:
- Descriptive marks: If your mark describes the product (e.g., 'Sweet' for sugar).
- Generic marks: Common words used in the industry.
- Deceptive marks: Likely to confuse the public.
Section 11: Relative Grounds
This is the most common objection, where the Registrar finds a 'Similar' or 'Identical' mark already on record in the same or related class.
2. Drafting a Professional Reply (The 30-Day Window)
You have exactly 30 days from the receipt of the report to file a written reply.
- Research Precedents: Find previous cases where similar marks were allowed.
- Establish Distinctiveness: Show how your logo, font, or 'Acquired Distinctiveness' through long-term use makes it unique.
- User Affidavit: If you've been using the mark for years, provide sales invoices and marketing proof.
3. The Show-Cause Hearing
If the examiner isn't satisfied with your written reply, they will call for a hearing.
- Representation: A trademark attorney represents your case before the Registrar.
- Oral Arguments: Directly addressing the concerns raised in the report.
Expert Tip: Never ignore an examination report. If you don't reply within 30 days, your application will be marked as 'Abandoned'.