The Trademark Examiner scrutinizes the trademark application to make sure the application isn’t in conflict with any trademark rules. A trademark application can face objection for any of the following reasons:
Filing of Incorrect Trademark Form
If the application is not filed using the correct form an objection would be raised by the examiner. For example, it is Form TM-4 for registration of collective marks for goods and services in any one class. Form TM-51 for registration of a trademark under different classes of goods and services.
Incorrect Trademark Applicant Name
Trademark has to be filed on the true name of the applicant and double-checked for the right spellings.
Usage of Deceptive and Offensive Terms:
Trademark names that include deceptive terms or that which try to deceive or mislead customers with false descriptions of products or services will be rejected. For instance, an entity branded “Vanilla chocolates” that sells chocolate flavours may be deemed deceptive. At the same time, applications registering for trademarks containing offensive terms will be rejected.
Insufficient Information on Goods/Services:
When the trademark application fails to mention in brief the products and services of the business, it is highly likely that the Trademark Examiner may reject the application due to the vague information.
Existence of an Identical Mark:
The intended trademark must not be similar to any mark that already exists in the industry. The Trademark Examiner can raise objections under the Trademarks Act stating that it might create confusion among the masses.