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Trademark Objection
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Trademark Objection Procedure
Receive & Review Objection
Once a trademark objection is issued by the Trademark Registry, our experts carefully review the examination report and identify the exact grounds of objection raised.
Draft & File Objection Reply
We draft a legally strong and well-structured reply with relevant facts, case laws and supporting documents, and file it online within the prescribed timeline.
Hearing & Objection Resolution
If required, we assist in trademark hearing preparation and representation to help overcome objections and move your application towards acceptance.
Avoid rejection due to improper replies. Get your trademark objection drafted and filed by experts within timelines. Professional support for faster resolution.
What is Trademark Objection? – Complete Guide (India)
Trademark Objection – Overview
Trademark objection is a formal query raised by the Trademark Examiner during examination of a trademark application. It indicates that the examiner requires clarification, explanation or supporting evidence before allowing the mark to proceed further.
A trademark objection does not mean rejection. It is a procedural step governed by the Trade Marks Act, 1999 and is issued after examination by the Trademark Registry.
Nature of Trademark Objection
- Preliminary review stage: Raised before registration, not after.
- Clarificatory in nature: Examiner seeks explanation or justification.
- Opportunity to respond: Applicant is given a chance to defend the mark.
- Legally governed: Based on statutory provisions of trademark law.
Common Reasons for Trademark Objection
| Reason | Description |
|---|---|
| Lack of Distinctiveness | Mark is generic, descriptive or commonly used in trade. |
| Similarity with Existing Mark | Mark is visually, phonetically or conceptually similar to another trademark. |
| Incorrect Trademark Class | Application filed under wrong class of goods or services. |
| Improper Description | Vague or unclear description of goods or services. |
| Documentation Issues | Missing or incorrect TM-48, logo quality or applicant details. |
Legal Grounds of Trademark Objection
Trademark objections are generally raised under the following provisions of the Trade Marks Act, 1999:
| Section | Ground of Objection | Explanation |
|---|---|---|
| Section 9 | Absolute Grounds | Lack of distinctiveness, descriptive or generic nature of mark. |
| Section 11 | Relative Grounds | Similarity with existing registered or pending trademarks. |
Documents Required for Trademark Objection Reply
- Examination Report: Issued by the Trademark Registry.
- Trademark Application Details: Application number & filing date.
- Usage Proof: Invoices, brochures, website screenshots (if applicable).
- Applicant Identity Proof: PAN / Incorporation certificate.
- TM-48: Power of Attorney (if filed through agent).
- Supporting Case Laws: If required to justify uniqueness.
Trademark Objection Reply Process – Step by Step
- Careful analysis of the examination report
- Identification of objection grounds (Section 9 / Section 11)
- Drafting a legally reasoned reply with evidence
- Online filing of objection reply on IP India portal
- Preparation for trademark hearing (if scheduled)
- Follow-up until acceptance or final order
Trademark Objection Timeline & Consequences
Once the examination report is issued, the applicant is given a limited time to respond.
| Stage | Timeline |
|---|---|
| Issue of Examination Report | Usually within 1–3 months of filing |
| Reply to Objection | Within 30 days from report date |
| Failure to Reply | Application marked as abandoned |
*Timely and proper reply is essential to avoid loss of trademark rights.
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Trademark Objection – FAQs
Frequently asked questions related to trademark examination reports, objections, replies and resolution process.