Trademark Objection Reply in India - Process, Fees & Document
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.
- Trademark Objection Notice u/s 9
- Trademark Objection Notice u/s 11
Table of Content
- What is Trademark Objection Reply?
- Benefits of Trademark Objection Reply
- Differences between Trademark Objection and Trademark Opposition
- Difference between section 9 and section 11 of Trademark Act
- Process of Trademark Objection Reply?
- Documents Required for Trademark Objection Reply
- Fees for Trademark Objection Reply
- Trademark Objection Status
- If Trademark Objection is raised
- Reasons for Trademark Objection
- If No objection is raised
- Conclusion
- Frequently Asked Questions
What is Trademark Objection Reply?
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.
Benefits of Trademark Objection Reply
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:
- Secures Your Trademark Rights: A well-drafted reply supports the argument in a way that reduces the chances of a trademark being rejected.
- Avoids Application Abandonment: Failure to respond to an objection results in abandonment, which indicates that one loses the opportunity to gain the trademark.
- Legal Protection: By responding to objections you gain proprietary protection of your brand name, logo, or symbol.
- Business Credibility: People are more likely to associate with a product that bears a registered trademark since they view it more as credible than an unregistered one.
- Prevents Third-Party Claims: Answering objections positively allows one to avoid situations where others will put up claims to a trademark they had developed initially.
Differences between Trademark Objection and Trademark Opposition
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”. |
Difference between section 9 and section 11 of Trademark Act
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". |
Process of Trademark Objection Reply
When your trademark application is being objected to by the trademark office, you will be required to provide a reply for the application to continue. Here is the Process of Trademark Objection Reply , with the steps you need to follow:
Step 1: Analyze the Examination Report
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.
Step 2: Gather the Required Documents
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.
Step 3: Consult a Trademark Attorney
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.
Step 4: Draft a Reply
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.
Step 5: File the Reply Within the Deadline
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.
Documents required for Trademark Objection Reply
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.
- Brand Logo
- Examination Report of Trademark/Application Number
- Supporting Proof of Logo Ownership
- ID Proof (i.e. passport, voter id, aadhaar card, driving license)
- Address proof (i.e. bank statements and utility bills)
Trademark Objection Reply Fees
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 |
| Trademark Attorney Fee | ₹1,899 |
| Affidavit and Notary | ₹100 |
| Trademark Govt Fees | Nil |
| Total Fees | ₹1,999 |
Note: The aforementioned Fees is exclusive of GST.
Trademark Objection Status
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:
- First, visit the official government site for trademark registration.
- Then click on the "Trademarks" section, and the drop-down menu will open.
- Click on "Related Links" and then select "trademark Status".
- It will redirect you to another page, then click on "trademark Application/ Registered Mark" from the side menu.
- Then fill out your application number, and you will get the status of your trademark application form.
If Trademark Objection is Raised
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.
Reasons for Trademark Objection
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 :
- Similarity with Existing Trademarks: If the proposed mark is similar to any registered trademark, the mark is likely to infringe on the rights of the registered owner under Section 11 of the Trademark Act, 1999.
- Lack of Distinctiveness: Descriptive or generic terms that lack brand specificity may be objected to. For trademark registration, they must be distinctive in the relevant market.
- Descriptive Marks: A trademark may be objected to under Section 9(1)(b) if it is descriptive and directly indicates a product’s quality, nature, or function, such as "sweet" for chocolates.
- Prohibited or Offensive Terms: Words that are obscene, religious, or restricted by law are questionable marks.
- Incorrect Filing of Application:An objection may be raised if the applicant's details, trademark class, or description contain incorrect information.
If No objection is raised
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”.
Conclusion
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.
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