Trademark Objection Reply in India
Has your trademark application status changed to "Objected"? The Trade Marks Registry's examiner has raised an issue in the examination report, and a written reply is due within 30 days. Our IPR team reviews the report, drafts a reply with the right arguments and evidence, files it on time and attends the hearing if one is scheduled.
Important Points to Note
- The reply is due within 30 days of receiving the examination report. Missing it can lead to the application being abandoned.
- An objection is not a refusal. Many objected applications are accepted after a well-argued reply or hearing.
- Objections are usually raised under Section 9 (absolute grounds) or Section 11 (similar earlier marks) of the Trade Marks Act, 1999.
- We can act on your application even if another agent filed it.
How We Handle Your Trademark Objection
Share Your Details
Send us your application number and the examination report using the form on this page.
Review the Objection
We read the examiner's grounds, check the cited marks and assess the strongest line of reply.
Draft the Reply
We prepare a detailed written reply with arguments, case law and supporting evidence such as a user affidavit, and amend the application if needed.
File Before the Deadline
We file the reply online on the IP India portal within the 30-day period and share the acknowledgement with you.
Hearing, If Scheduled
If the examiner is not satisfied, a show cause hearing is fixed. We present your case to the hearing officer and keep you updated.
What Is a Trademark Objection?
Every trademark application in India is examined by the Trade Marks Registry. The examiner checks whether the mark can be registered under the Trade Marks Act, 1999 and whether it conflicts with marks already on the register. The findings are set out in an examination report.
If the report raises an issue, your application status on the IP India portal shows "Objected". You then have 30 days from receiving the report to file a reply explaining why the mark should be accepted. If the examiner is satisfied, the application moves to acceptance and advertisement in the Trade Marks Journal. If not, a show cause hearing is scheduled.
You can follow these changes on our trademark status page, or see what each status means in our guide on how to check trademark status online.
Common Grounds of Trademark Objection
These are the objections examiners raise most often, and how a reply usually addresses them.
| Ground | What it means | How the reply addresses it |
|---|---|---|
| Section 9(1)(a): not distinctive | The mark is a common word, a simple shape or a slogan that does not point to one business. | Show that the mark is distinctive, or that it has become distinctive through use (user affidavit with invoices, advertising and sales figures). |
| Section 9(1)(b): descriptive | The mark describes the kind, quality, purpose or origin of the goods or services, such as "Fresh Bakery". | Explain how the mark is suggestive rather than descriptive, cite case law and, where needed, offer a disclaimer on the descriptive part. |
| Section 9(1)(c): generic or customary | The word has become the ordinary name for the product in the trade. | Show that the mark is not used in the trade as a name for the goods or services. |
| Section 9(2): deceptive or prohibited | The mark could mislead the public, hurt religious sentiment or use a protected emblem or name. | Clarify the meaning and context of the mark, or amend it. |
| Section 11: similar to an earlier mark | The examiner found an identical or similar mark, registered or pending, for the same or related goods or services. | Show differences in the marks, the goods or the trade channels; rely on earlier use; or file a consent letter from the earlier owner. |
| Formal or procedural issues | Vague description of goods, wrong class, missing user affidavit or Power of Attorney, or applicant details that do not match. | Correct the application by amendment and file the missing documents along with the reply. |
For more detail, read our guides on grounds of refusal of trademark registration and Section 9(1) case law.
What We Need From You
- Your trademark application number
- The examination report (we can download it from your application record if needed)
- Proof of use, if you have been using the mark: invoices, advertisements, website or social media pages, and sales figures
- A signed Power of Attorney, if your application was filed by another agent
Trademark Objection vs Opposition
| Objection | Opposition | |
|---|---|---|
| Raised by | The Registry's examiner | A third party, such as an owner of a similar mark |
| When | During examination, before advertisement | Within 4 months of advertisement in the Trade Marks Journal |
| Your response | Written reply within 30 days; hearing if needed | Counter-statement within 2 months, then evidence and hearing |
Read more in our guide to trademark opposition vs objection. If your mark has been opposed, or you want to oppose someone else's, see our trademark opposition service.
Trademark Objection Hearing
If the examiner is not satisfied with the written reply, the Registry schedules a show cause hearing and sends a hearing notice. The hearing is usually held online. The hearing officer hears the arguments and may accept the application, accept it with conditions (such as a disclaimer or a narrower description of goods), or refuse it.
We prepare written submissions, appear at the hearing on your behalf and tell you the outcome. If the application is accepted, it is advertised in the Trade Marks Journal and then registered if no one opposes it within four months.
Why Choose Law Certis for Your Objection Reply?
Haven't filed yet? Start with a trademark search to reduce the chance of a Section 11 objection, and see our trademark registration packages, including Platinum and Platinum Plus, which cover the objection reply and hearing.
Trademark Objection: FAQs
About Law Certis Consulting
We have been working in the field of Intellectual Property Rights in India since 2013. Though, our office is located in Pune, Maharashtra, we have served clients from all over India and abroad.
We have successfully established our goodwill in the market even after facing competition from heavily funded organizations due to our discipline and policies which we have evolved through experience in this industry.
Please be rest assured that you are giving the work to one of the best service providers in the market.
- 3000+ Trademark registrations
- All India instant online service
- Free expert guidance and analysis
- All trademark services at one-stop
- Trademark filing in 24 hours
- Transparent pricing and service
Good Words. Good People.
Niyati Puri
Consulted for Trademark Registration, Hyderabad
My experience with Law Certis Consulting was very good, they were very helpful, and guided me through the trademark process swiftly, and Law Certis Consulting ensures good quality of work done on time which is very important.
Ramamurthy Krishna
PVT LTD Company formation, Chennai
Customer friendly, Hassle free, takes away the burden of registering company and related work. highly professional. i will recommend to any one.
Jayakanth Jagannathan
Received Trademark Registration Service, Tamil Nadu
I have done TM registration with Law Certis twice - 2017 and now. The services were exceptional and have indepth knowledge in their domain. The process was smooth and able to guide well. Keep it up guys!
Vikram
Received IPR Consultation
Any legal problems are properly guided and taken care of as personally I am very happy with their work, its prompt and upto date.
Andalbhaskar Sadaranga
Successfully Registered Copyright
I highly recommend this Law Certis Consulting for Copyright Registration. I have applied copyrights for my books in different languages. I am thoroughly impressed with their services, I thank for guiding me through the procedure from start to end. They handled all my paperwork and kept me informed every step. Thanks for your support.
Hitesh Badala
Trademark Registration, Udaipur
We are very happy with the service we received