According to Section 11 of the Trademark Act, 1999, A
trademark cannot be registered if the proposed mark is similar to earlier
registered trademark or if it is forbidden by copyright or passing off or under
any laws
A use of trademark is prohibited under the Emblems and Names Act, 1950 Example
Bhagat Singh, use of Indian flag, Mahatma Gandhi or etc,
So from the above conclusions, It can be said that A trademark is very much
important for entrepreneur to make their unique identity and existence.
When an application for registration of trademark is filed by the applicant, it
can get objected by the trademark examiner for various reasons such as incorrect
name, incorrect address of the applicant, existence of a similar trademark, etc.
In such a case the applicant has to draft and file a written reply (counter
statement) within two months from the date of objection to the Trademark
examiner and it is known as trademark objection reply.