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Trademark Objection Reply

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Trademark Objection

Whenever a trademark examiner founds that your mark is either identical to any registered trademark or it is not in consonance with rules or it has been barred by the law, then the term is known as Trademark Objection in India.

How to File a Trademark Objection Reply?

Filing a Trademark objection reply is mandatory otherwise you shall loose the brand protection. The process of filing the trademark objection reply in India is as follows:

  • #Study the Objection Ground Carefully: The primary step is to understand the grounds of the trademark objection properly because mistake in understanding the objection concept may lead to wrong filing of trademark objection reply. Hence, be cautious in understanding.

  • #Prepare the Trademark Reply: The second step is to finalize the prepared draft reply with the accused party. Drafting the trademark reply requires the special skill and hence should be given to the respective expert like lawyers, attorneys etc.

  • #File TM objection Reply: Once TM reply is finalized, you should file the reply online, as reply filed online are updated quickly.

About Trademark Objection

Why is a Trademark Objected?

A trademark can be objected because of an Identical Name, Likelihood of confusion, Descriptive Name, Deceptive Design, Prohibited Name or detrimental to existing Trademark.

Who Objects the Trademark?

Trademark is objected by a trademark examiner who is appointed by trademark registry and is authorized with the duty of examination of trademark applications.

Trademark Examination Report

It is a report issued by the trademark examiners concealing the grounds, reasons, and facts as to why the trademark application is objected.

Reply to Trademark Objection

The reply to the trademark objection requires to be submitted before trademark office. Failure to do so shall results in rejection of your application.

Time Limit for Objection Reply

It is required to reply within 30 days from the date of receipt of the examination report containing the grounds of trademark objection.

Trademark Journal

It is an official gazette of the trademarks registry. If the trademark examiner is satisfied with the reply to the objection, the trademark is advertised in the trademark journal.


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Documents Required for Trademark Objection

Brand Logo
Examination Report
Supporting Proof of Logo Ownership

6 Reasons Why Should Respond you Back and Reply to Trademark Objection?
  • The Existing Application for Trademark Registration will be saved from being abandoned or rejected and considered further for processing. This saves both time and money since no need to apply with fresh application again
  • Chances are your trademark will be registered and you can enjoy all the available legal rights in the law and protections from infringements
  • Filing a prompt reply on proper grounds and with supportive pieces of evidence will prove that you are not infringing the rights of other and existing trademarks
  • The right to use TM with your brand logo will be rescinded if you fail to reply to the objection within the requisite time period
  • Giving you a superior hand your trademark will be stronger and always create a sense of uniqueness for your brand while standing out in the market
  • One should have always been available with the proofs that your brand is unique and this will provide you immunity against any infringements claims of existing trademarks or brands of third parties

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