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Trademark Objection in India: Meaning, Reasons, Process & How to Respond


❊ What is a Trademark Objection?

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.

❊ Why Does a Trademark Objection Happen?

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:

  • Lack of distinctiveness: Too generic, descriptive, or common.
  • Deceptive marks: Likely to mislead the public about the nature or origin of goods/services.
  • Offensive or immoral content: Scandalous, obscene, or against public policy.
  • Statutory violations: Contravening specific laws like the Emblems and Names (Prevention of Improper Use) Act, 1950.

2. Relative Grounds for Refusal (Section 11)

These are objections based on existing trademarks:

  • Similarity to existing marks: Identical or deceptively similar to a registered trademark.
  • Likelihood of consumer confusion: Creating misunderstanding about the product’s source or affiliation.
  • Exploitation of well-known marks: Attempting to benefit from another brand's established reputation.

3. Procedural Objections

Errors or oversights in the application process such as:

  • Incorrect applicant name, address, or trademark form.
  • Missing mandatory documents like Form TM-48 (Power of Attorney).
  • Improper specification of goods/services.
  • Issues with translation or transliteration of non-English terms.

❊ Trademark Objection vs. Trademark Opposition

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

❊ Documents Required for Filing a Trademark Objection Reply

When replying to an objection, gather the following documents:

  • Authorization Form (TM-48)
  • Examination report or application number
  • Applicant’s ID and address proof
  • Invoices or bills showing trademark use
  • User affidavit detailing usage history
  • Advertisements and promotional materials
  • Product packaging, labels, business cards, and letterheads
  • Government registrations (like MSME, FSSAI)
  • Screenshots of online listings/social media presence
  • Formal written reply addressing objections

❊ How to Reply to a Trademark Objection?

If your application faces an objection, it’s vital to respond promptly and effectively:

  • 1. Review the Objection Notice
  • Carefully analyze the reasons mentioned in the Examination Report.

  • 2. Draft a Detailed Response
  • Address each objection with logical reasoning, documentary proof, and legal references. Highlight distinctiveness, prior usage, and other supporting facts.

  • 3. Consult a Trademark Attorney
  • Professional assistance ensures accuracy and improves your chances of overcoming objections.

  • 4. File the Reply Within the Deadline
  • Submit your response within 30 days of receiving the objection notice to avoid abandonment.

  • 5. Track Application Status
  • Regularly check the application status via the official IP India portal or through your attorney.

  • 6. Prepare for a Hearing (if required)
  • If the Registrar schedules a hearing, present your case effectively with legal backing and evidence.

❊ Components of an Effective Trademark Objection Reply

An ideal objection reply should:

  • Clearly state the application number and objection notice date
  • Address each objection individually and comprehensively
  • Provide documentary proof for claims made
  • Cite relevant sections of the Trademark Act and judicial precedents if applicable
  • Use a polite, formal, and professional tone
  • Attach supporting documents like invoices, ads, social media screenshots, and certificates

❊ How to Check Trademark Application Status in India

Step-by-Step Process:

  • 1. Visit ipindia.gov.in
  • 2. Click on 'National/IRDI Number'
  • 3. Enter your application number and captcha
  • 4. Click 'View' to see current application status and details

❊ Can You Use a Trademark During an Objection?

Yes — you can continue using your trademark even while it’s under objection. However:

  • It won’t have the legal protection of a registered trademark.
  • You must respond to the objection within the specified timeframe.
  • Not replying or resolving the issue can lead to application abandonment.

❊ What Happens After Filing a Reply?

After you file the reply:

  • The examiner reviews it.
  • If satisfied, the application proceeds for journal publication.
  • If not, you may receive a show-cause notice or a hearing may be scheduled.
  • Post-publication, it stays open for 4 months for opposition.
  • If no opposition is filed or resolved, the mark proceeds for registration.

In case of rejection, you can appeal to the Intellectual Property Appellate Board (IPAB).

❊ Cost of Replying to a Trademark Objection in India

There’s no official government fee for filing a reply. However:

  • Professional fees (for a trademark attorney or consultant) may apply.
  • Minor administrative charges (e.g., for affidavits, documentation) might be incurred.

❊ How to Avoid Trademark Objections?

Preventing objections is easier than addressing them later. Here’s how:

  • Conduct a thorough trademark search before applying.
  • Use a distinct and unique mark.
  • Avoid similarity with existing or well-known marks.
  • Do not use common or generic terms.
  • Avoid names of geographical locations.
  • Invent a new word or coined term.
  • Draft applications carefully, without any errors.
  • Avoid marks that may be offensive or controversial.
  • Perform additional online and industry-specific searches.
  • Get expert advice from a trademark attorney.

  • Final Thoughts

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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