Trademark Objection

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Trademark Objection in India – Expert Help to Protect Your Brand

When you apply for a Trademark Registration in India, the application goes through a detailed examination by the Trademark Registrar. During this stage, the examiner may raise certain issues or discrepancies in your application. This is known as a Trademark Objection.

Receiving a trademark objection does not mean rejection. It simply means the Registrar requires clarification, evidence, or legal response. At LegalInfoIndia, our legal experts specialize in drafting strong replies to trademark objections to ensure your brand moves smoothly towards registration.

Common Reasons for Trademark Objection in India

A trademark can be objected under Section 9 (Absolute Grounds) or Section 11 (Relative Grounds) of the Trade Marks Act, 1999.

Some common reasons include:

  • Trademark is too descriptive or lacks distinctiveness.

  • Similar or identical to an existing registered trademark.

  • Incorrect or incomplete information in the application.

  • Improper use of brand name, logo, or symbol.

  • Non-submission of required documents.

  • Trademark is deceptive, offensive, or misleading.

Why is Responding to a Trademark Objection Important?

Trademark registration in India is open to:

Trademark Objection Reply Process in India

AAt LegalInfoIndia, we follow a step-by-step approach to handle trademark objections:

  1. Review of Examination Report

    Our experts carefully analyze the grounds of objection.

  2. Drafting Objection Reply

    A strong, legally sound reply is prepared with supporting documents and case law references.

  3. Filing with Trademark Registry

    The reply is submitted online through the official trademark portal.

  4. Hearing (if required)

    If the Registrar is not satisfied, we represent you during hearings.

  5. Trademark Acceptance & Publication

    Once approved, your trademark is published in the Trademark Journal.

Documents Required for Trademark Objection Reply

  • Trademark Examination Report (issued by Registry)

  • Trademark Application Number

  • Power of Attorney (Form TM-48)

  • Identity & Business Proof of Applicant

  • Affidavits, Invoices, or Evidence of Brand Usage (if applicable)

Timeline to Reply to Trademark Objection

According to Indian trademark law, you must file a reply within 30 days from receiving the Examination Report. Failure to respond within the deadline will result in your application being abandoned.

Frequently Asked Questions (FAQs)

  1. What is the difference between Trademark Objection and Opposition?

    ✔️ Objection is raised by the Registrar during examination.

    ✔️ Opposition is raised by a third party after publication in the Trademark Journal.

  2. Can I handle a trademark objection reply on my own?

    You may file a reply yourself, but since it requires strong legal reasoning, hiring experts like LegalInfoIndia ensures higher chances of approval.

  3. What happens if I don’t reply to a trademark objection?

    Your application will be marked as abandoned, and you’ll lose the right to register that mark.

  4. How long does it take to resolve a trademark objection?

    It depends on the complexity of the case. A well-drafted reply generally leads to quicker acceptance

File Your Trademark Objection Reply Today!

Don’t risk losing your brand identity due to an unresolved objection. With LegalInfoIndia, you get expert legal consultation, professional drafting, and end-to-end support for replying to trademark objections in India.

📞 Contact us today and let our experts secure your brand’s future!

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