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A trademark objection is an official communication from the Trademark Registry indicating concerns or issues with your trademark application. It’s not an outright rejection but a preliminary query raised by the examiner, requiring the applicant to clarify or resolve the highlighted issues.
The objection is conveyed through an Examination Report, and applicants typically get 30 days to respond.
Trademark objections are raised for various reasons, broadly categorized under absolute grounds, relative grounds, and procedural errors.
1. Absolute Grounds for Refusal (Section 9)These objections arise due to issues inherent in the trademark itself:
These are objections based on existing trademarks:
Errors or oversights in the application process such as:
Aspect | Trademark Objection | Trademark Opposition |
---|---|---|
When it Occurs | During the examination stage | After the trademark is published in the journal |
Who Raises It | Trademark examiner | Third parties/public |
Purpose | To seek clarifications from the applicant | To challenge the registration of a mark |
Process | Reply within 30 days | File a notice of opposition within 4 months |
When replying to an objection, gather the following documents:
An ideal objection reply should:
Step-by-Step Process:
Yes — you can continue using your trademark even while it’s under objection. However:
After you file the reply:
In case of rejection, you can appeal to the Intellectual Property Appellate Board (IPAB).
There’s no official government fee for filing a reply. However:
Preventing objections is easier than addressing them later. Here’s how:
A trademark objection is a routine part of the registration process and not a cause for panic. With timely action, a well-drafted reply, and supporting evidence, most objections can be successfully resolved.
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