During the objection stage of trademark registration, the registry raises concerns regarding the similarity between the trademark application under review and existing trademarks. This issue prompts a formal examination process where the applicant must address and resolve the registry’s objections to proceed with the registration process.

Once a Trademark Application is filed and if other procedural requirements are in order, the registry will examine the Application and will either issue an Examination Report citing certain objection. The objection cited can be either under section 9 (Absolute ground) or under section 11 (Relative grounds) of the Trademarks Act, 1999.

Section 9 of the Trademark Act outlines absolute grounds for refusal of trademark registration. It specifies conditions under which a trademark cannot be registered:

• Trademarks that lack distinctiveness or have become customary in trade practices.
• Marks that mislead consumers, create confusion, or offend religious sensitivities.
• Marks containing scandalous or obscene matter.
• Marks prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
• Marks that determine the shape of the goods, essential for a technical result, or significantly increase the value of the products.

Section 11 addresses relative grounds for refusal of trademark registration. It concerns the similarity or identity of the proposed mark with earlier trademarks and the goods or services covered under those trademarks:

Refusal based on identity or similarity with earlier trademarks covering similar or identical goods/services, leading to confusion about the origin of goods/services.

Refusal if the proposed mark is identical or similar to an earlier trademark, even if the goods/services are not similar, and the earlier mark belongs to a different proprietor.

Prohibition of use if the mark is forbidden by passing-off or copyright laws.

Exceptions may apply under Section 12 for “honest, concurrent usage” of marks. Responses to objections must be submitted within one month of receiving the examination report. If no objections arise, the mark may proceed to advertisement before acceptance or acceptance and advertisement.