Updated on April 05, 2025 04:35:22 PM
Trademark registration in India is very effective in protecting your brand name and logo, but it does involve some challenges. One common issue is a trademark objection, where the trademark registrar reviews an application and raises concerns based on legal compliance or similarity to an existing trademark.
Objections are part of the process. Some may be valid, while others could just be small technicalities. It's important to address them properly to avoid any complications during the trademark registration process, or any potential delays. Not responding or replying late can have serious consequences, like the rejection of your application. This not only wastes time and resources but also puts your brand’s identity at risk of being copied or misused. When objections arise, applicants should ensure they provide a strong response to address the concerns raised. A good response can help your brand stand out in the market. Engaging professional consultants can assist in drafting a detailed response, increasing the chances of approval.
Below is the detailed information about trademark objection replies in India, the major types of objections, and how to address them. Professional utilities can help you manage these issues effectively and respond appropriately to the trademark office, minimizing the risk of your trademark registration application being rejected.
A trademark objection reply is a response submitted to the Trademark Registrar when an objection is raised against a trademark application. It explains why the trademark is unique and should be approved, addressing the reasons mentioned in the objection. The reply must be filed within 30 days with proper justifications and supporting documents to avoid rejection.
To address a Trademark Objection, you must provide the necessary documents to strengthen your case. Below is a list of essential paperwork required for a successful response.
The fee for trademark objection reply varies based on the section under which it is raised. Under Section 9, the fee is ₹1,499, while under Section 11, it is ₹1,999.
| Trademark Objection Reply Fees | Fees |
| 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.
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.
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:
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:
When analyzing the difference between Section 9 and Section 11 of the Trademark Act, the following key points must be considered:
| Section 9 (Absolute Grounds for Refusal) |
Section 11 (Relative Grounds for Refusal) |
| Assesses the trademark based on its own characteristics. | Assesses the trademark in relation to existing trademarks. |
| Prevents registration of marks that are generic, descriptive, misleading, offensive, or against public policy. | Prevents registration of marks that are confusingly similar to existing trademarks. |
| No third-party involvement; refusal is based on inherent qualities of the mark. | Third parties can oppose registration based on prior rights. |
| Ensures trademarks are unique and distinctive. | Protects well-known trademarks from misuse. |
| Example: "Fresh Milk" for a dairy brand is rejected for being descriptive. | Example: "Appel" for electronics is rejected due to similarity with "Apple". |
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. During this time, the examination phase is crucial for assessing the application and identifying any potential conflicts or issues that could arise. 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 an objection is raised, the applicant must submit a well-drafted reply within a month to avoid rejection. Regularly checking the trademark status helps take timely action if needed.
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 reply is a formal response submitted to the trademark registry, addressing objections raised and providing legal justifications to secure registration.
To respond to a trademark objection, submit a well-drafted reply with legal justifications and supporting documents through the trademark registry portal.
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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