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An Overview of Trademark Objection in India
A trademark objection is one of the most crucial stages in the trademark registration process. It occurs when the trademark examiner or a third party raises concerns about a proposed trademark, potentially hindering its registration. Once a trademark application is filed, it may be objected to by the public, the examiner, or any other third party.
In India, trademark objections are typically raised during the initial examination stage. The examiner may object to the application for various reasons such as lack of distinctiveness, similarity to existing trademarks, use of prohibited terms, or misleading elements. In some cases, a third party may object in the name of public interest.
Two common ways in which objections are raised by the public or third parties:
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When the trademark is published in the Trademark Journal
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If the applicant uses the trademark before its official registration
For a guaranteed and prompt trademark objection reply, it is advisable to consult senior IP lawyers through Fastzeal.
What is a Trademark Objection Reply?
A trademark objection reply is a formal response submitted to address concerns raised by the Trademark Registrar regarding a trademark application. This reply aims to clarify any issues, justify the uniqueness of the mark, and explain why it qualifies for registration.
A well-drafted trademark objection reply strengthens your case and significantly increases the chances of approval. Ignoring the objection or failing to respond appropriately can result in the rejection or abandonment of the application.
Types of Trademark Objections
Trademark objections arise due to several factors, ranging from procedural errors to substantive concerns. The two main categories are:
1. Procedural Objections
These relate to errors in the application process, such as:
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Incorrect trademark form
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Incorrect applicant name
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Failure to file Form TM-48 (Power of Attorney)
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Incomplete or incorrect address
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Wrong classification of goods/services
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Vague specifications
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Missing supporting documents
2. Substantive Objections
These concern the trademark itself and its registrability. Objections are raised on both absolute and relative grounds under Sections 9 and 11 of the Trademark Act, 1999. Reasons include:
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Lack of distinctiveness
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Use of descriptive or misleading terms
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Similarity to existing trademarks
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Use of offensive or prohibited terms
Detailed Examples of Trademark Objections
| Type of Objection | Description | Example |
|---|---|---|
| Incorrect Trademark Form | Filing with the wrong form based on trademark class | Filing via Form TM-M instead of TM-A |
| Incorrect Applicant Name | Spelling errors or incomplete entity names | “ABC Pvt Ltd” instead of “ABC Private Limited” |
| Failure to File TM-48 | Missing Power of Attorney while filing via an agent | Filing without attaching TM-48 |
| Incomplete Address | Partial or incorrect address mentioned in application | “ABC Street” without city or pin code |
| Wrong Classification | Trademark filed under an incorrect class of goods/services | Filing software under Class 27 instead of Class 42 |
| Misses Unique Character | Trademark lacks distinctiveness | Applying for “fresh fruits” in fruit-selling business |
| Unclear Specifications | Ambiguous description of goods/services | “Consumer goods” instead of “shampoos and soaps” |
| Deceptively Similar or Identical Marks | Mark closely resembles an existing trademark | Applying for “Coca-Kola” when “Coca-Cola” already exists |
| Offensive or Misleading Terms | Contains misleading or culturally offensive content | Using “Swiss Chocolates” for goods made in India |
Common Reasons for Trademark Objection in India
Objections are governed by specific legal provisions under the Trademark Act, 1999. Below are the main grounds:
Absolute Grounds – Section 9
These are based on the intrinsic nature of the mark:
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Marks that are non-distinctive or generic
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Marks that merely describe the nature, quality, or origin of goods/services
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Customary terms in trade
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Misleading or deceptive marks
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Marks offensive to religious sentiments
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Scandalous or obscene trademarks
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Omission of necessary details in the application
Relative Grounds – Section 11
These relate to the similarity with existing marks:
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Marks that are identical or deceptively similar to registered trademarks
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Marks that are likely to cause confusion among the public
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Marks that violate the rights of prior trademark proprietors
Benefits of Filing a Trademark Objection Reply in India
The benefits of filing a trademark objection reply in India are as follows:
1. Secure Trademark Rights
Filing a well-drafted trademark objection reply in India helps secure trademark registration and protects your brand rights. It further safeguards the legal and proprietary rights associated with your brand name, logo, or symbol.
2. Prevent Abandonment of Application
Submitting a reply to a trademark objection provides an opportunity to address the issues raised by the Trademark Registry. This helps prevent your application from being abandoned due to non-response.
3. Enhance Business Credibility
Responding to trademark objections contributes to establishing the uniqueness of your brand. It enhances business credibility and distinguishes your brand from others in the market.
4. Protection from Third-Party Claims
Filing an objection reply helps protect your brand against potential third-party claims, especially in cases where others may assert prior rights over a similar trademark.
When to Submit Trademark Objection Reply?
A trademark objection reply must be submitted within 30 days from the date of receipt of the examination report. This reply addresses the objections raised by the Trademark Registry. If objections are not satisfactorily addressed or waived, a hearing may be scheduled. Failure to respond within the stipulated time can result in the application being marked as abandoned.
Who Can File a Reply for Trademark Objection in India?
As per the Trademark Act, 1999, the following entities are eligible to file a reply against a trademark objection in India:
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The applicant (individual or organization) who filed the trademark application.
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Any person or entity who has used a similar trademark for related goods or services, even if they have not applied for registration yet.
Eligible entities include:
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Individuals
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Companies (Private or Public)
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Partnership Firms
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Trusts
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NGOs or Societies
Documents Required for Filing Trademark Objection Reply
The documents generally required to file a trademark objection reply in India are:
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Authorization Form (TM-48)
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Examination Report or Application Number
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Identity Proof (Aadhar Card, Passport, etc.)
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Address Proof (Utility Bills, Bank Statements, etc.)
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Invoices and Bills showing commercial use of the trademark
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Affidavit of Use stating how long the trademark has been in use
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Media Advertisements mentioning the trademark
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Online Availability Proof (e.g., product listings, websites)
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Commercial Use Evidence (e.g., business cards, letterheads)
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Government Certificates (e.g., MSME, FSSAI, etc.)
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Screenshots of Social Media Pages or advertisements
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Drafted Reply to the Examination Report
Trademark Registration Status 'Objected': What to Do?
If your trademark status is marked as "Objected", follow these essential steps:
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Consult a Trademark Expert
Seek professional guidance to understand the objections and the next steps. -
Obtain and Review the Examination Report
Download the report from the official IP India website and review the reasons for objection thoroughly. -
Draft and Submit a Reply
Respond to the objections with valid explanations and supporting evidence. Ensure your reply is accurate, clear, and highlights the uniqueness of your mark. -
Submit Within 30 Days
The reply must be filed within 30 days of receiving the examination report. Failing to do so may lead to the application being considered abandoned. -
Prepare for Hearing (If Required)
If the Registrar is not satisfied with the reply, a hearing will be scheduled. Be ready to present further evidence during the hearing. -
Focus on Distinctiveness
Emphasize how the trademark is distinctive and does not conflict with any existing marks. This helps strengthen your case for registration.
Process for Responding to Objection in Trademark Registration
Once the trademark objection is filed, the applicant must take the necessary steps to help overturn their objection into a trademark objection reply. Have a look at the following processes required to file responses to objection in trademark registration:
- Review Trademark Objection Notice
In the first step, the entities must carefully identify, review, and determine the specific grounds for the trademark objection notice. The applicant, in consultation with the trademark attorney, shall analyse and study the objections carefully to leave no room for ambiguity. - Understand the Deadline
Next, understanding the deadline for filing a trademark objection, which usually takes around 30 days from the publication of the trademark application, is a crucial step required for filing the response to objections raised during trademark registration. - Gather Evidence and Information
Next, the relevant evidence and information must be duly collected to support your objection. It includes proof of prior use of your trademark, evidence of consumer confusion, market surveys, and any other relevant documents or materials. - Prepare and File Objection Reply
Once the objection is received, the applicant entities shall prepare and e-file a well-structured counterstatement to the objection raised. A proper answer (reply) including arguments concerning the difference between the two trademarks, distinct branding elements, and market differentiation. - Monitor the Proceedings
Furthermore, regular monitoring and keeping a track record of the progress of the objection must be carried out to notify both parties of any hearings or proceedings. - Participate in Hearing or Negotiations
The authority, when receiving the objection reply, will either approve or reject it at its discretion. However, in case the authority is sought for further clarification, the trademark examiner or tribunal shall schedule the trademark hearing/negotiation having the intent to resolve or settle objections. - Publish Outcome
In case, after the hearing, a trademark is accepted and granted, the same shall be published in the Trademark Journal. However, during the hearing, if the trademark is rejected, the authority shall pass the refusal order stating the reason in brief. - File Review Petition
Upon the receipt of a refusal order, the applicant can file a review petition within 30 days of receipt of the refusal order and shall specify the reason on which grounds the order must be reviewed. - Registration
After the trademark is published in the journal, it shall remain open for four months for trademark opposition. In case of no receipt of any opposition during the stated period, it shall proceed towards registration, and thereafter registration certificate shall be issued that contains the logo registered along with the class in which it is registered.
What to do After Filing a Trademark Objection in India?
After filing a trademark objection in India, the next step involves presenting a counterstatement or reply, capable of being heard, or filing an appeal. The response to the objection must be filed within 2 months from the date of filing the counterstatement. In case the objection is not resolved, the applicant is eligible to file an appeal to the Intellectual Property Appellate Board (IPAB).
Impact of Trademark Objection in India
The filing of a trademark objection in India, which typically occurs when you believe that someone else’s trademark application should not be registered due to potential conflicts, holds a crucial impact on businesses, as discussed below:
Addressing objections helps establish a strong brand identity and protects their intellectual property
Difference Between Trademark Objection and Trademark Opposition
| S. No. | Aspect | Trademark Objection | Trademark Opposition |
|---|---|---|---|
| 1. | Stage of Initiation | Raised during the examination stage | Occurs after publication in Trademark Journal |
| 2. | Initiated By | Trademark Examiner | A third party or existing trademark owner |
| 3. | Form of Initiation | Examination report | Notice of opposition |
| 4. | Method of Submission | Online reply to examiner’s report | Notice with supporting evidence |
| 5. | Time to Respond | Within 1 month | Within 2 months |
| 6. | Appeal Process | Appeal if application is rejected after objection | Appeal against decision of the Registrar |
| 7. | Fees | No fee for replying to objection | Fees applicable for replying to opposition |
| 8. | Final Acceptance | Accepted and published after objection is cleared | Registrar communicates decision after opposition is resolved |
Fees for Filing Trademark Objection Reply
The cost of filing a trademark objection reply in India starts from Rs. 399. The final cost may vary based on:
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Complexity of the objection
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Legal representation required
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Jurisdiction and application class
Trademark Objection Solutions by Fastzeal IP Experts
With over a decade of experience, Fastzeal offers end-to-end support for trademark objection handling, including:
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Analysis of objection grounds
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Drafting of a precise and strategic reply
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Collection and submission of supporting evidence
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Timely filing with the Trademark Office
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Continuous updates on status and proceedings
Why Trust Fastzeal for Trademark Objection Reply in India?
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Fast, reliable, and error-free services
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Over 200 IP professionals
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Avoid delays and procedural errors
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End-to-end customer support
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Filing of objection reply within 2 working days
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Transparent pricing with no hidden charges
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Guaranteed document drafting with senior IP lawyers in just 6 hours
Frequently Asked Questions:
Yes, you can continue using a trademark even when the application is under an objected status. However, the trademark registration process will remain pending until the objection is resolved or the Trademark Office either accepts or refuses the application.
Yes, you are eligible to withdraw your trademark application even if it has been objected in trademark. To do this, you need to file a formal withdrawal request with the Trademark Office, clearly stating your intention to withdraw the application. Once the request is processed, the application will be officially removed from the registry.
The best trademark objection reply includes a clear and concise response capable of addressing each objection raised, providing supportive evidence, and justifications to demonstrate why the objections are not applicable or should be rejected.
A trademark objection in India, is one of the crucial stages of trademark registration, occurring when the trademark examiner or a third party raises concerns about a proposed trademark, potentially preventing its registration. However, it typically occurs during the initial stage of the trademark registration process, when you believe that someone else’s trademark application should not be registered due to potential conflict with your existing trademarks or for other valid reasons.
A trademark objection reply is a formal response filed by the trademark applicant, addressing objections raised against their application. The trademark objection reply provides an opportunity to defend your application and provide arguments to overcome the objections raised.
A trademark objection is initiated immediately after the submission of the trademark registration application.
The response filed by the trademark applicant generally aims at clarifying the trademark and demonstrating why it should be approved for registration, whereas a trademark opposition occurs once the trademark is published in the trademark journal, after the trademark objection stage.
The following is a list of documents needed to be taken in hard copy while going to appear for the hearing:
1. Authority letter
2. Affidavit for the usage of such trademark
3. Examination report of the authority
4. Trademark hearing notice received by the applicant
5. Documentary proof showing the use of the trademark in business
6. Proof of the availability of the trademark online
A trademark is the brand name or logo registered under intellectual property rights, and such a registered trademark distinguishes the products of an entity from those of its competitors. For instance, Cello has its registered trademarks that distinguish the renowned brand from some low-quality or non-branded goods.
An applicant can keep track of the status online through the official website of the intellectual property through which a trademark registration application was filed. Status can be tracked at http://www.ipindia.nic.in/ using a reference number generated at the time of applying for a trademark.
To respond to a trademark objection, which is also an examination reply or response to office action, the following crucial steps must be followed:
Step 1: Review Trademark Objection Notice
Step 2: Understand the Deadline
Step 3: Gather Evidence and Information
Step 4: Prepare and File Objection Reply
Step 5: Monitor the Proceedings
Step 6: Participate in Hearings or Negotiations
Step 7: Publish Outcome
Step 8: File Review Petition
Step 9: Registration
According to the rules specified under the Trademark Act, 1999, any aggrieved person or third party, including companies, trusts, individuals, and partnership firms, is eligible to file a notice of opposition to the Registrar of Trademarks.
Form TM-48 is a legal authorization document that allows a trademark agent or attorney to represent the applicant in the trademark application process. It is especially important when responding to a trademark objection, allowing the representative to communicate and submit replies directly to the Trademark Office.
The common mistakes to avoid while drafting a trademark objection reply in India are as discussed below:
1. Choosing a weak or generic mark
2. Incorrect identification of goods or services
3. Failing to conduct a thorough trademark search
4. Failing to provide sufficient evidence of use
5. Application errors or missing deadlines
No, generally, there is no specific limit to the number of objections that can be raised on a single application. However, multiple objections can be raised, depending upon the issues identified during the examination process, though addressed separately.
Failure to respond to a trademark objection leads to the abandonment of your trademark application and potential loss of your priority date.
The different types of trademark objections as distinguished under Procedural and Substantive objections of the Trademark Act, 1999, are as discussed below:
1. Use of incorrect trademark form
2. Incorrect trademark applicant name
3. Failure to file the trademark form TM-48
4. Wrong classification of trademark class
5. Incorrect address on trademark application
6. Vague and wide specification of goods or services
7. Existence of identical or similar marks
8. Lack of distinctive character
9. Usage of deceptive and offensive terms
Section 9 of the Trademark Act, 1999, deals with the absolute grounds for refusal of a trademark in India. It generally outlines the reasons for refusal based on the inherent nature of a trademark that is too descriptive, lacks distinctiveness, or is potentially misleading to consumers.
The trademark objection reply must be filed within 30 days from the receipt of the examination report.
