Updated on March 04, 2025 04:54:08 PM
Trademark registration in India is very effective in protecting your brand name and logo, but it has its problems. One common problem is a trademark objection, where the trademark registrar checks an application and object based on legal compliance or identity with an existing trademark.
The possibility of objections is something quite natural in the process. Though some may be legitimate, some could be slight technicalities. It is crucial to address them adequately to avoid complications during the registration process, and applicants encounter no additional delay. It is noteworthy that not responding or responding late can have some negative repercussions, such as rejection of the application. This not only leads to time and resources getting wasted but also the existence of the brand is at risk of being violated. When objections arise, the applicant should ensure that they offer a good response, and this would ensure that their brand stands out in the market. Getting professional consultants helps to provide a detailed response and increase the likelihood of approval.
This guide covers useful information about trademark objection replies in India, the major types of objections, and how to address them. Professional Utilities can help you properly handle all these issues and respond accordingly to the trademark office to avoid the rejection of your trademark application.
Trademark Objection simply doesn’t mean refusal of trademark registration application. At this point, the officer carefully checks your selected brand name to ensure it meets all the legal requirements. When the trademark application reaches out to the registrar and registrar finds out any incorrect information in the application form or not finds the trademark appropriate for registration process due to any reason then he marks the trademark application as objected and sends the examination report to the applicant along with the reasons and grounds of raising objection against it.
The Applicant has to file the trademark objection reply in their support. If the applicant fails to do so then the application will get rejected.
If a trademark application has been opposed by the registrar then filing a trademark objection reply is necessary. Here are the key benefits of responding to a trademark objection:
When your trademark application is being objected to by the trademark, you will be required to provide a reply for the application to continue. Below are the following steps on how to reply to trademark objection:
Check the Trademark Examination Report to determine the exact nature of the objection. These kinds of objections are made under Section 9 and Section 11. Awareness of these arguments helps develop an appropriate response.
Collect supporting documents such as prior use invoices, advertisements, website screenshots, and brand recognition proofs. An affidavit stating the trademark’s usage and goodwill strengthens your reply and increases the chances of approval.
Consulting a trademark attorney will help draft a satisfactory response that is properly formatted with adequate legal reasoning. They can give advice, and counter-arguments to opposing arguments, and enhance the possibility of the success of your trademark application.
Prepare a detailed response explaining why your trademark should be accepted. Explain why it should considered unique, rebut any arguments against it, and make sure to enclose copies to the registrar.
The reply must be submitted through the official govt website within 30 days. Submitting your application early and remain active with a chance of moving to the next step in the registration process.
Documentation required for replying to the trademark objection is defined under as follows:
After tracking down your application status online you come to know that the status of your application is “objected” then it means that the registrar found out any sort of false or incorrect information about you or your company in the application form or the trademark you are wishing to opt is not available or cannot be registered. The registrar can object to the trademark under “Section 9 & 11 in The Trade Marks Act, 1999”. Now the registrar would send an examination report to the applicant with the grounds of raising objection against the trademark. The applicant must reply to the registrar with a well drafted and point wise trademark objection response within one month of the examination report in support of his trademark. If the applicant failed to reply to the registrar then the trademark would be marked as abandoned.
A Trademark Objection is a situation when the registrar or a third party raises concerns regarding a trademark application. Common reasons for trademark objections includes :
Now after filling your application number, you will get to know about your trademark status. If the trademark is still in examination procedure under the Registrar then it would be displayed as “Marked for Exam”. If in the status, it is displayed as “Advertised bef acc” then it means that there was no objection raised by the registrar and the trademark is ready to be published in the Trademark Journal.
A time frame of 3 months is given for raising Trademark Opposition. If any third party opposed the trademark then a legal notice will be sent to the applicant to which the applicant has to reply to the opposition for the trademark. When an opposition is filed then the status will be changed to “Opposed”.
If no opposition is filed to the registrar after 3 months of publication of the trademark in the Journal then the trademark would be approved by the Registrar. Status of Trademark registration will now be changed to “Registered”.
Since trademark registration is a long-term process and takes nearly 6-18 months for approval, so you need to get updated with the status of your application.
The Indian government offers online assistance for tracking down the status of trademark registration applications. Tracking your application status helps you get the info if your application is objected, opposed, or whatsoever the status is. However, Examination report is sent to the applicant in case of objection and opposition. It is preferable to be aware of your registration status, as a trademark is extremely valuable to you and your business.
know how to check the status of your trademark registration online:
Trademark objection reply fees under section 9 is Rs. 1,499 and trademark objection reply fees under section 11 is Rs. 1,999
| TM Attorney Fee | ₹1,899 |
| Affidavit and Notary | ₹100 |
| TM Govt Fees | Nil |
| Total Fees | ₹1,999 |
Note: The aforementioned Fees is exclusive of GST.
It's essential to distinguish between "Trademark objection" and "Trademark opposition". The majority of people are baffled by the difference between trademark objection and trademark opposition. In reality, both terms are distinct and necessarily require distinct sets of legal actions to respond to them.
| Trademark Objection | Trademark Opposition |
| Trademark Objection can only be raised by the registrar only if the registrar finds any set of wrong/incorrect information in the trademark application. When a trademark is objected by the registrar then in the status of your application form it would be shown as “Objected”. | Trademark Opposition can be filed by any third party after publication of Trademark in the Trademark Journal if they find a trademark similar to their trademark or any other existing trademark. When a Trademark is opposed by any third party then in the status of your application form it would be shown as “Opposed”. |
Trademarking is a formal process through which legal rights for the use of a name, phrase, logo, or symbol are given to a business organization. This process can take between 6-18 months depending on the specific case, but examination plays an important role in analyzing the case and coming across possible objections. Under the Trade Marks Act 1999, there is provision to file objections under sections 9 and 11, and this is a common encounter as most trademark applications are likely to be rejected on the basis of incorrect data, the non-distinctive nature of signs, or because it is likely to be similar to the existing trademarks. If such an objection is made, the applicant has to file a reply that should be well drafted within a month so that the application is not rejected. By monitoring the status of the trademark on a regular basis, measures can be taken in due time.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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A trademark objection refers to an initial denial issued by either the trademark examiner or a third party, which outlines legal or procedural grounds for denying the registration. To advance in the registration process, the applicant is required to provide valid justifications in response to the objection.
To address a trademark objection, submit a carefully crafted reply that tackles the registrar’s issues with legal reasoning and corroborating evidence. If necessary, participate in a hearing to advocate for the trademark and offer explanations.
Trademark objection reply fees under section 9 is Rs. 1,499 and trademark objection reply fees under section 11 is Rs. 1,999.
If in the status, it is displayed as “Advertised bef acc” then it means that there was no objection raised by the registrar and the trademark is ready to be published in the Trademark Journal. A time frame of 3 months is decided for any opposition to the trademark.
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