Trademark registration is one of the most important steps in securing a business’s brand identity in India. However, a large number of trademark applications face Trademark Objections at the examination stage. Receiving an objection often creates confusion among applicants, but it is important to understand that a trademark objection is not a rejection.
With proper legal understanding and a well-drafted response, most trademark objections can be successfully overcome. At Legal Info India, we specialize in handling trademark objections, hearings, oppositions, and complete trademark registration services across India.
A Trademark Objection is raised by the Trademark Examiner during the examination of a trademark application under the Trade Marks Act, 1999. The examiner issues an Examination Report, highlighting objections related to distinctiveness, similarity, classification, or documentation.
The applicant must file a Trademark Objection Reply within 30 days from the date of receiving the examination report.
If your trademark is identical or deceptively similar to an existing registered or pending mark, the Registry may object under Section 11.
Generic, descriptive, or commonly used words are objected under Section 9 as they fail to distinguish your goods or services.
Filing under an incorrect trademark class or vague description of goods/services often leads to objections.
Errors in applicant name, address, logo mismatch, or missing TM-48 authorization can trigger objections.
A strong Trademark Objection Reply must:
Address each objection clearly
Cite relevant legal provisions
Explain distinctiveness and usage
Include supporting documents (if applicable)
If satisfied, the Registrar will accept the trademark and publish it in the Trademark Journal.
If the examiner is not satisfied:
A Trademark Hearing is scheduled
Oral and written arguments are presented
Final decision is passed by the Registrar
Professional representation significantly improves success at the hearing stage.
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Missing the 30-day deadline
Filing generic or copied replies
Ignoring legal provisions
Not attending trademark hearing
Such errors can permanently damage your trademark rights.
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Replies drafted under Sections 9 & 11
Timely filing & hearing support
Affordable trademark legal services
End-to-end trademark protection
At LegalInfoIndia, trademark matters are handled by experts from Nidhi Rajoura & Associates, ensuring accuracy, compliance, and success.
A trademark objection is a procedural step—not the end of your trademark journey. With a timely and well-drafted objection reply, your brand can still secure legal protection.
Yes. Trademark objections are very common, especially due to similarity or lack of distinctiveness. Most objections can be successfully resolved with a proper reply.
A reply must be filed within 30 days from the date of issuance of the examination report.
While possible, it is not advisable. Improper drafting or legal errors can lead to rejection. A trademark lawyer ensures a strong and legally valid response.
Failure to reply within the deadline results in abandonment of the trademark application.
If accepted, the trademark is published in the journal within a few months. If not, a hearing may be scheduled.
Yes. Many trademarks are successfully registered after objections, provided the reply and hearing are handled properly.
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