Trademark Objection

Trademark objection occurs when the examiner reviews the application and finds issues that may prevent the mark from being registered. The objection can be raised under Section 9 for lack of distinctiveness, use of generic terms, or geographical names, and under Section 11 if the mark is identical or similar to an existing registered trademark. The applicant receives an official examination report detailing the reasons for the objection.

To proceed, the applicant must file a well-drafted reply within 30 days of receiving the objection notice. The response should provide clarifications, legal justifications, and evidence proving that the trademark is unique and does not violate any existing rights. If the response satisfies the examiner, the application moves forward in the registration process.

If the reply is rejected or further clarifications are required, a hearing may be scheduled. During the hearing, the applicant or their legal representative must present arguments supporting the trademark’s registration. If the examiner is convinced, the trademark will be accepted; otherwise, it may be refused. Proper legal assistance increases the chances of overcoming the objection successfully.

To Know Trademark Objection?

Trademark objection is a part of the trademark registration process where the examiner raises concerns regarding the application. This happens when the trademark is found to be descriptive, generic, misleading, or similar to an existing registered trademark. The examiner issues an official examination report citing the reasons for the objection under Sections 9 and 11 of the Trademark Act.

The applicant must respond to the objection within 30 days of receiving the examination report. The response should include legal explanations, clarifications, and evidence proving that the trademark is unique and does not violate any existing rights. If the response is satisfactory, the application moves forward in the registration process.

If the examiner is not convinced with the reply, they may schedule a hearing where the applicant or their legal representative must present arguments justifying the trademark’s eligibility for registration. Strong legal backing and proper documentation play a crucial role in defending the mark successfully.

Failure to reply within the given time frame results in the trademark application being abandoned. This means the applicant loses the chance to register the trademark, and they would need to file a fresh application, leading to delays and additional costs. Hence, timely action is necessary.

Trademark objection does not mean rejection; it is an opportunity for the applicant to clarify and prove the uniqueness of the mark. Seeking professional legal help ensures a well-drafted response, increasing the chances of overcoming the objection and securing successful registration of the trademark.

Procedure for Trademark Objection

Simple Easy Process

Documentation

Filing Application

Deed Drafting

Verification

Uploading forms

Get Certificates

Documents Required

Application number

Objection Notice (optional)

Brand Name

Brand Logo (optional)

Brand Tagline (optional)

Company documents (Except Proprietorship)

Is it mandatory to reply to a trademark objection?
Yes, responding to a trademark objection is crucial. If a response is not submitted within the given time frame, the Trademark Registry may consider the application abandoned, and the applicant will lose their chance to register the trademark. A timely and well-drafted reply increases the chances of overcoming the objection.
Is there a government fee for trademark registration?
Yes, the government charges a fee for trademark registration under the intellectual property rights of India. For individuals, proprietors, and MSMEs, the fee is Rs. 4,500 per class, whereas for companies other than MSMEs or Small Scale Industries (SSI), the fee is Rs. 9,000 per class.
Who can apply for trademark registration?
A trademark can be registered under intellectual property rights by professionals such as Advocates, Trademark Agents, or Company Secretaries (CS). Additionally, applicants, including individuals and businesses, can apply for trademark registration to protect their brand identity.

Our Authorised Partners

Our Work Process

Want to work together and achieve high results? Let’s talk.

Simply fill out the contact form and submit it—our experts will reach out to you shortly.

Are you looking for professional consult?

Before you do something it is always good to consult with professionals rather than doing mistake.

Legal Advisors | Compliance Experts | Software Specialists

Just fill form, we will contact you!