Trademark Objection
Get expert assistance with drafting and filing a reply to the objection raised by the Trademark Examiner. Our service is designed to address all legal and technical objections raised, and we offer exclusive pricing for trademark applications originally filed through our platform. This ensures a seamless and cost-effective resolution to keep your registration process moving forward.
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Trademark Objection Process in India
A trademark objection is a critical step in the trademark registration process in India. When you file a trademark application, the examiner at the Trademark Office reviews your proposed brand name or logo. If they find any issues, they will issue an objection, which is a request for clarification, not an outright rejection.
Successfully addressing a trademark objection reply is essential for securing your trademark certificate. At FileMyFirm, we specialize in guiding businesses through this complex process, ensuring a smooth and successful outcome.
What is a Trademark Objection?
After you submit your trademark application, it is sent for examination. If the examiner believes your mark does not comply with the Trade Marks Act, 1999, they issue an official examination report detailing their concerns. The status of your application on the government portal will change to “Objected.”
Common Reasons for Trademark Objections
Understanding the reasons for trademark objection is key to preparing a strong response. Most objections fall under two main categories:
- Section 9 (Absolute Grounds): The trademark is considered descriptive, generic, or lacks a unique character. For example, a mark like “SuperFresh” for a food product might be objected to because it directly describes the product’s quality.
- Section 11 (Relative Grounds): The trademark is too similar to an existing registered or pending trademark. This is the most common type of objection, and it can be based on visual, phonetic, or conceptual similarity. A trademark search can help prevent this issue.
Trademark Objection vs. Trademark Opposition
It’s important to differentiate between these two terms:
- Trademark Objection: An objection is an internal issue raised by the Trademark Examiner during the registration process.
- Trademark Opposition: An opposition is a challenge filed by a third party (a company or individual) who believes your trademark would harm their existing brand or interests. This happens after your trademark is published in the Trademark Journal.
How to Respond to a Trademark Objection
You have 30 days from the date of the examination report to submit a written reply. Here is the process we follow to ensure your response is effective:
- Analyze the Examination Report: Our expert attorneys carefully review the report to identify the specific legal grounds for the objection.
- Draft a Strong Reply: We prepare a comprehensive and legally sound trademark objection reply. This document must address each objection with clear justifications, citing relevant case laws and sections of the Trademarks Act.
- Gather Supporting Evidence: We help you compile the necessary documents to prove the distinctiveness and usage of your mark. This may include:
- Invoices and sales records
- Website screenshots and social media presence
- Advertising materials
- Affidavits confirming your trademark’s usage
- File the Reply: We ensure the reply and all supporting documents are filed correctly and within the strict deadline to prevent the application from being abandoned.
- Trademark Hearing (If Required): In some cases, a hearing may be scheduled. Our trademark attorneys are prepared to represent you, presenting your arguments directly to the examiner.
Validity and Renewal
Dealing with a trademark objection can be challenging without legal expertise. Our team provides end-to-end services, from the initial trademark application to successfully resolving objections and securing your trademark registration.
Don’t let an objection stand in your way. Contact FileMyFirm today for expert assistance and protect your brand’s future.
Frequestly asked questions ( FAQ )
A Trademark Objection is an internal issue raised by the Trademark Examiner during the registration process. It is a request for clarification or legal reasoning, detailed in an official Examination Report, indicating that the proposed mark may not comply with the Trade Marks Act, 1999. It is not an outright rejection.
Objection: Raised by the Trademark Examiner (an official) during the initial scrutiny of the application.
Opposition: Filed by a Third Party (a competitor or individual) after the mark is published in the Trademark Journal, asserting that the mark would harm their existing brand interests.
The two main grounds under the Trade Marks Act are:
Section 9 (Absolute Grounds): The mark is considered non-distinctive—it may be descriptive (e.g., “SuperFresh” for food) or generic, lacking a unique character.
Section 11 (Relative Grounds): The mark is considered too similar to an existing registered or pending trademark, which is the most common reason for objection.
The applicant has a strict deadline of 30 days from the date the official Examination Report is issued to submit a comprehensive and legally sound written reply to the Trademark Examiner.
An effective response should:
Carefully analyze the Examination Report to identify the specific legal objections.
Be a legally sound reply addressing each objection with clear justifications, often citing relevant case laws and sections of the Trademarks Act.
Include supporting evidence to prove the distinctiveness and genuine usage of the mark (e.g., sales invoices, advertising materials, or affidavits of usage).
If the applicant fails to file the comprehensive written reply within the strict 30-day deadline, the trademark application will be marked as abandoned, halting the registration process.