TRADEMARK OBJECTION
Assistance for
Trademark Objection
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Structured analysis to help address trademark objections with relevant information and supporting references.
Responses prepared with consideration to the specific nature and requirements of each trademark application.
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Assistance for Trademark Objection in 3 Easy Steps
Share the Examination Report
Share the objection notice or TM application number so the concerns raised by the examiner can be reviewed.
Reply Preparation Support
Assistance is provided in preparing a structured, point-wise response based on the examination report.
Filing Support & Status Updates
After submission, updates are shared regarding the registry status and further procedural steps.
Trademark Objection Pricing
Assistance is available to help you respond in line with applicable legal procedures.
What's Included
- Examination Report Review
- Reply Drafting Assistance
- Govt. Filing Fee Extra
- Suitable for Individual TM Applications
- Preparation Timeline: 2–3 Working Days
- Common Section 9 Objections
- Status Tracking Included
What's Included
- Reply Drafting Assistance
- Reviewed by IP Professional
- Procedural Follow-Up Support
- Covers Section 9 & 11 Objections
- Suitable for Firm or Entity Trademarks
- Dedicated Assistance Support
Trademark Objection Reply Assistance — Starting at ₹1,599
Received a Section 9 or 11 objection from the Trademark Registry? Assistance is available to help you prepare and submit a response in accordance with applicable procedures.
Trademark Objection Process in India
- Securing a trademark is crucial for businesses, but the process can be challenging due to objections. The Trademark Registry examines applications thoroughly to identify potential conflicts with existing trademarks.
- Any concerns are documented in a trademark examination report, aimed at safeguarding existing trademarks and preventing consumer confusion.
What Is a Trademark Objection?
- A trademark objection arises when the Trademark Registry finds issues that prevent the
immediate registration of a trademark. These issues typically concern conflicts with
existing trademarks, consumer confusion, or non-compliance with the Trade Marks Act,
1999. Common grounds for objections include:
- Lack of distinctiveness (generic or descriptive terms)
- Deceptiveness (misleading claims about the product or service)
- Similarity to prohibited emblems or names
- Immorality or scandalous content
- When an objection is raised, the Trademark Registry issues an Examination Report. The
applicant has a set period to respond (typically 4 months for ordinary applications and
3 months for fast-track applications). The response may include:
- Providing evidence of distinctiveness
- Modifying the application to differentiate it from existing trademarks
- Abandoning the application if registration seems unfeasible
- The Trademark Registry evaluates the response and decides whether to accept the application, issue further objections, or schedule a hearing. This process ensures trademarks are distinctive and do not mislead consumers.
Trademark Examination Report: Key Elements
- The trademark examination report is issued by the Trademark Office to assess a trademark application and determine its eligibility for registration. The report highlights any objections and gives the applicant an opportunity to address them.
- The examination report generally includes:
- Applicant's details
- Trademark being applied for
- Goods or services associated with the trademark
- Search results for similar trademarks
- Identified objections to registration
- Applicant's response to objections
- Final decision on registration
- If no objections are raised, the trademark is registered. If objections persist, the applicant can respond, and further hearings may be required. Failure to resolve objections may lead to rejection.
Common Reasons for Trademark Objection
- Similarity to existing trademarks, which may cause confusion
- Lack of distinctiveness (e.g., generic or descriptive terms)
- Deceptiveness, misleading the public about the nature or origin of the goods/services
- Similarity to well-known trademarks
- Improper use of national symbols or flags
- Missing or incorrect documentation
Required Documents for Trademark Objection
- To address a trademark objection, the following documents are typically required:
- Authorized report document
- Trademark examination report
- Identification documents
- Address verification documents for opposition
How to Respond to a Trademark Objection
- Track the status of your trademark application.
- Carefully examine the objection notice issued by the Trademark Office.
- File a detailed response to the objection.
- Ensure your response is accurate and complete before submission.
- Review the department’s feedback to ensure all concerns are addressed.
- If the response is accepted, the trademark will be published in the trademark journal.
- It is mandatory to attend the trademark hearing if requested by the registrar.
Filing a Reply to a Trademark Objection
- Timely filing of a trademark objection reply is critical. At TMZON, we assist clients throughout the objection process. After receiving an objection notice, carefully analyze the grounds for objection.
- To file a response, the first step is submitting a counter-statement within two months of receiving the objection notice.
- Once the response is submitted, the Trademark Registrar will schedule a hearing.
- It is essential to provide supporting documents to reinforce your reply and strengthen your case.
- If the Registrar rules against you, you may appeal to the Intellectual Property Appellate Board (IPAB) within three months of the decision.
- Failure to comply with deadlines can lead to abandonment of the application. If the delay is justified, you may be allowed to submit a late reply with a fine.
- All documents must be verified by the Deputy Registrar and any errors must be corrected within the specified time frame.
- Failure to comply with these requirements may result in rejection of the application.
Trademark Objection Reply Timelines
- The timeline for responding to an Examination Report varies depending on the type of
application and the nature of the objection:
- For ordinary applications, you have 4 months to reply, with the possibility of a 30-day extension upon payment of a prescribed fee.
- For fast-track applications, the response time is 3 months, also with the option of a 30-day extension.
- Failure to respond within the prescribed period may result in abandonment of the application, requiring a fresh application to be filed.
- Neglecting to address the examiner’s concerns could also lead to a delay in the trademark registration process.
Requesting an Extension for Objection Reply
- If more time is required, an extension of up to 30 days may be requested. The request
should include:
- The applicant’s name
- The trademark application number
- The reason for the extension request
- The desired reply submission date
- The Trademark Office will review the extension request and notify the applicant of the decision.
Trademark Objection Hearing Process
- If the Trademark Office continues to raise objections after reviewing the applicant's
reply, a hearing may be scheduled. During the hearing:
- The applicant must present the case in support of the trademark registration.
- Both the applicant and the opposing party may present their arguments before the Registrar.
- The Registrar will issue a final decision after considering the arguments and evidence provided during the hearing.
Trademark vs Patent vs Copyright
Trademark protects brands, patent safeguards inventions, copyright secures creations
| Category | Trademark | Patent | Copyright |
|---|---|---|---|
| What’s Protected | Identifiable words, phrases, symbols, or designs that distinguish goods or services. | Innovative processes, compositions, machines, or enhancements of existing ideas. | Original works like books, music, art, performances, and recorded media. |
| Requirements for Protection | The mark must uniquely identify the source of goods or services. | The invention must be novel, useful, and non-obvious. | The work must be original, creative, and fixed in a tangible medium. |
| Term of Protection | Indefinite, as long as the mark is actively used in commerce. | 20 years from the date of filing. | The lifetime of the creator plus 70 years. |
| Rights Granted | Exclusive rights to use the mark and prevent confusion about the origin of goods or services. | Exclusive rights to manufacture, use, or sell the patented invention. | Exclusive rights to reproduce, distribute, display, or perform the work publicly. |
Some common questions
were often asked
What is a trademark objection, and why does it occur?
A trademark objection is a preliminary refusal raised by the Trademark Examiner during the application review process. It can occur due to reasons like similarity to an existing trademark, lack of distinctiveness, or non-compliance with trademark laws.
Is a trademark objection the same as an opposition?
No, a trademark objection is raised by the Trademark Examiner during the examination process, often due to technical or legal issues. An opposition, on the other hand, is filed by a third party after the trademark is published in the Trademark Journal.
Can I modify my trademark application after receiving an objection?
Yes! You can manage your inventory for multiple outlets from a single dashboard. You can also create delivery routes and manage POs and suppliers’ delivery with a few simple clicksYes, you can make amendments to your application in response to an objection, such as correcting errors, providing missing documents, or clarifying ambiguities. However, significant changes to the trademark itself may require a new application.
Does a trademark objection mean my application will be rejected?
Not necessarily. An objection is an opportunity to clarify or provide additional information to address the examiner's concerns. A well-prepared response can lead to the application being accepted.
Can I still use my trademark while resolving an objection?
Yes, you can continue using your trademark even if it’s under objection. However, without registration, you won’t have exclusive legal rights, and your protection against infringement will be limited until the objection is resolved.
What is the timeline for resolving a trademark objection?
The timeline depends on the complexity of the objection and the response process. On average, it can take a few months to resolve if the reply and evidence are satisfactory. Delays may occur if additional hearings or appeals are involved.