Trademark registration is an essential step for protecting your brand’s identity, reputation, and business value. However, during the process, many applicants receive a Trademark Objection, which often causes confusion and unnecessary worry. In reality, trademark objections are routine, preliminary queries raised by the Trademark Examiner to seek clarification before granting approval.
At Legal Info India, led by Advocate Nidhi Rajoura & Associates, we specialize in addressing trademark objections with precise legal drafting, case-law-based reasoning, and solid evidentiary support to ensure the smooth progress of your trademark application.
A Trademark Objection is a preliminary refusal mentioned in the Examination Report issued by the Trademark Registry. It is not a rejection but simply an intimation that the examiner requires explanation, justification, or documents before moving forward with your application.
Trademark objections generally fall under:
Section 9 of the Trade Marks Act, 1999 - Lack of distinctiveness, descriptiveness, or generic nature.
Section 11 - Similarity with existing marks.
Technical Issues - Wrong classification, improper documentation, unclear description, etc.
A properly drafted reply clears most objections without the need for a hearing.
If the trademark describes the quality, nature, or characteristic of the goods/services. Example: Organic Soap, Premium Furniture, etc.
The examiner may find your mark visually, phonetically, or structurally similar to a registered trademark.
Wrong class, incorrect applicant name, unclear product description, or missing documents.
Marks that are too common, ordinary, or incapable of identifying one brand from another.
When the applicant fails to show intent or actual use of the trademark.
Symbols or words banned under the Emblems and Names (Prevention of Improper Use) Act, 1950.
At Legal Info India (Advocate Nidhi Rajoura & Associates), we follow a strategic 5-step process:
We break down each objection, classify it under Section 9, Section 11, or procedural errors, and plan the defence.
We gather relevant documents such as:
Proof of prior use
Invoices
Advertising & marketing proofs
Website/social media evidence
Packaging & labels
Your reply will include:
• Point-wise explanation
• Technical legal reasoning
• Registrar-friendly language
• Distinctiveness arguments
• Case laws (Supreme Court & High Courts)
• Comparison chart (in similarity cases)
The reply is filed on the IP India portal within 30 days of the objection.
If the Examiner is not satisfied, we represent you in a Show-Cause Hearing to defend your trademark.
Documents Used to Support Trademark Objection Replies
Business registration documents
Domain registration & website screenshots
Sales invoices
Packaging photos
Social media advertisements
MSME certificate
Prior-use affidavit
Logo/label images
Marketing materials
Strong evidence increases your chances of acceptance significantly.
A client’s mark in Class 35 was objected due to phonetic similarity with an existing registered brand.
How Legal Info India resolved it:
Prepared a detailed phonetic & visual difference chart
Submitted proof of prior and continuous use
Cited Supreme Court and High Court precedents
Filed a robust legal justification
Outcome: Objection removed. Mark advertised in the Trademark Journal.
A herbal product brand’s name was marked as descriptive.
Our Strategy:
Demonstrated acquired distinctiveness
Provided advertising evidence + consumer goodwill proofs
Filed a prior-use affidavit
Provided legal grounds under Section 9 Proviso
Outcome: Mark accepted and published.
Choose a distinctive, unique name.
Avoid generic or descriptive terms.
Conduct a preliminary trademark search.
Maintain strong proof of use.
Use a professional trademark lawyer for filing.
Filing the application properly reduces future objections by 60–70%.
Trademark objections are a normal part of the registration process, but the outcome depends entirely on how well the reply is drafted and supported with evidence. A clear, concise, and legally grounded response not only resolves objections but also strengthens your claim over the brand.
At Legal Info India, under the leadership of Advocate Nidhi Rajoura & Associates, we ensure that every objection reply is prepared with strategic reasoning, strong legal arguments, case laws, and proof of distinctiveness. Our goal is to protect your brand identity and help you secure successful trademark registration without delays.
No. It is a preliminary query, not a refusal. Most objections can be cleared with a proper legal reply.
You must reply within 30 days from the date of the Examination Report.
You can, but it is risky. A single mistake can result in abandonment. Lawyers like Legal Info India led by Advocate Nidhi Rajoura & Associates ensure correct legal drafting.
Your application will be abandoned, and you will lose the right to the trademark.
Yes. A strong written reply often clears the objection without personal hearing.
Usually 3 to 12 months, depending on the Registry’s workload.
Yes. We prepare:
• Trademark objection replies
• Affidavits
• Evidence bundles
• Hearing representation
• Complete trademark registration services
We prioritize understanding your unique situation & offer tailored strategies that align with your goals,
don't navigate the legal maze alone – schedule.
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