What is a Trademark Objection?

A trademark objection is an official notice issued by the trademark examiner during the registration process, pointing out issues with your application. It is not a rejection, but a request to clarify or resolve legal or procedural concerns before your trademark can proceed further.

Why Does a Trademark Objection Happen?

Trademark objections typically arise due to:

• Lack of distinctiveness: The mark is too generic or descriptive.

• Similarity to existing trademarks: Potential confusion with already registered or pending marks.

• Prohibited elements: Use of forbidden words, symbols, or designs.

• Other issues: Misleading or deceptive marks, or violations of trademark laws.

What Should an Applicant Do?

• Respond within the stipulated timeframe (usually 30 days in India).

• Provide detailed legal arguments, evidence, and clarifications.

• Attend hearings if required.

This step gives you a chance to address concerns and keep your registration on track.

Trademark Objection vs. Trademark Opposition

Common Grounds for Trademark Objections

1. Absolute Grounds (Section 9):

   • Mark lacks distinctiveness

   • Misleading or deceptive

   • Contains offensive or immoral elements

   • Violates other legal statutes

2. Relative Grounds (Section 11):

   • Similar or identical to existing marks

   • Likely to confuse consumers

   • Takes advantage of a well-known trademark’s reputation

3. Procedural Grounds:

   • Errors in applicant details

   • Incorrect or vague description of goods/services

   • Missing documents or forms

   • Issues with translation or transliteration

Documents Required for Filing Trademark Objection Reply

To respond effectively to a trademark objection, you will need to submit the following documents:

• Authorization Form TM-48 (Power of Attorney if filed by an agent)

• Trademark examination report or your trademark application number

• Identity proof (Aadhaar card, passport, etc.)

• Address proof (utility bill, bank statement, etc.)

• Invoices and purchase bills related to your trademark

• Affidavit detailing how and since when the trademark is in use

• Advertisements in newspapers, magazines, or online platforms

• Proof of trademark presence online (website links, listings)

• Business evidence like product packaging, labels, business cards, and letterheads with the trademark

• Relevant government certificates (e.g., MSME or FSSAI registration)

• Screenshots of social media pages or ads promoting your trademark

• Written reply addressing the objections raised in the examination report

How to Reply to a Trademark Objection?

Responding to a trademark objection involves several key steps:

1. Review the Objection Notice Carefully

Understand the examiner’s concerns clearly — whether they relate to similarity, distinctiveness, or procedural errors.

2. Prepare a Detailed Response

Address each objection point-by-point with strong legal arguments, supported by evidence like proof of use, advertising, affidavits, and relevant documents.

3. Consult a Trademark Attorney

Trademark law can be complex, so professional legal advice is highly recommended to draft an effective reply and navigate the process.

4. File the Reply Within the Deadline

Submit your response within the stipulated time frame (usually 30 days) to avoid abandonment of your trademark application.

5. Monitor Your Application Status

Keep track of updates through the Trademark Office’s online portal or via your attorney.

6. Be Prepared for a Hearing

If the examiner schedules a hearing, present your case clearly, often with legal representation, to justify registration despite objections.

Essential Components of a Trademark Objection Reply

• Clearly mention the objection notice with your application number and date.

• Reply point-by-point addressing every objection with explanations and evidence.

• Attach supporting documents proving prior use and distinctiveness.

• Include legal references or case laws supporting your position.

• Maintain a formal, polite, and clear tone throughout.

How to Check Trademark Application Status

1. Visit IP India website.

2. Select ‘National/IRDI number’ on the search page.

3. Enter your trademark application number and captcha.

4. View your trademark application details and current status.

Can You Use a Trademark While It Is Objected?

• Yes, you may continue using your trademark in business.

• However, legal protections apply fully only after registration.

• Timely addressing objections is essential to avoid application rejection.

What Happens After Filing a Reply?

• The Trademark Registry reviews your reply.

• If satisfied, your trademark application proceeds to publication.

• If not, further objections, hearings, or show cause notices may be issued.

• After publication, there is a 4-month opposition window for third parties.

• The final decision will follow after opposition proceedings.

• You may appeal rejection decisions at the Intellectual Property Appellate Board.

Cost of Replying to a Trademark Objection in India

When your trademark application faces an objection in India, you need to file a formal reply addressing the concerns raised by the Trademark Office. The typical costs involved are:

Note:

• There are generally no direct government fees for filing a reply to an objection.

• The main cost is professional fees paid to trademark attorneys or agents who draft and submit the reply.

• Additional minor costs like affidavit notarization may apply.

How to Avoid Trademark Objections?

Avoiding objections upfront can save time, cost, and legal hassle during trademark registration. Here are key preventive steps:

1. Conduct a Thorough Trademark Search

Use the Indian Trademark Registry’s online search tool to ensure your proposed mark isn’t identical or confusingly similar to existing trademarks.

2. Use a Distinctive Mark

Choose a unique and original name or logo that stands out and is not generic or descriptive.

3. Avoid Deceptively Similar Marks

Make sure your trademark does not closely resemble any existing marks in spelling, pronunciation, or appearance to prevent confusion.

4. Avoid Well-Known or Famous Marks

Do not use marks similar to famous brands, even if your business is unrelated, as these have strong legal protections.

5. Avoid Common or Generic Words

Marks composed of common phrases or generic terms (e.g., “Tech Solutions”) are not registrable.

6. Coin a New Word

Creating a new or coined word reduces objection risk and strengthens brand identity.

7. Avoid Geographical Names

Don’t use names of places (cities, regions, countries) as trademarks since these are generally not registrable.

8. Submit Error-Free Applications

Ensure all application details—applicant name, trademark class, goods/services—are accurate and complete.

9. Conduct Industry-Specific Searches

Check app stores, websites, and informal uses, especially if your business is digital, to avoid conflicts beyond official records.

10. Avoid Offensive or Prohibited Marks

Ensure your trademark does not contain offensive, immoral, or otherwise prohibited elements.

Following these steps carefully will help you avoid objections and secure smooth trademark registration for your brand.