How to Respond to a Trademark Objection in Gurgaon and Secure Your Brand.

Updated on June 23, 2025 04:08:11 PM

A Trademark isn't simply a name or logo. It's your brand's identity. It builds trust and differentiates you from competitors in the market. Whatever size of business you run, trademark registration in Gurgaon is required to protect your brand from the possibility of infringement. But what happens if you encounter a Trademark Objection?

A lot of people think that if they submit an application for trademark registration and it is approved, it will be accepted without a problem. However, facing opposition to a trademark in Gurgaon during the application process is not uncommon. The process may seem difficult, but with the right approach and support, you can resolve it.

In this article, you'll be able to understand the entire procedure to deal with trademark objections in Gurgaon, and the reasons to raise objections, and the best way to respond with strong arguments and evidence. If you are looking to complete this procedure without any difficulties at the professional services, our expert at professional utilities will assist you in overcoming the trademark problem you're facing.

What is Trademark Objection?

During the registration process trademark objections are a frequent issue that are commonly encountered by applicants. It happens when an Trademark Examiner raises objections in an Examination Report.

Objections usually arise because of:

To proceed further the applicant needs to provide strong legal arguments in support of the response, which has to be filed within 30 days in order to continue the process of application. After approval, it is published in the Trademark Journal, but in the event that it is rejected it will trigger a hearing process. Resolving objections plays an important part in getting your trademark registered and avoiding legal issues.

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Common Challenges Faced in Trademark Objections in Gurgaon

Getting a trademark in Gurgaon is a crucial step for your business, but the process is not always smooth. Most applicants face problems when responding to trademark objections, typically due to legal technicalities, procedural delays, or confusion. The following are some of the primary concerns:

However, overcoming these issues requires a carefully laid-out plan, timely action. At Professional Utilities, our experts simplify the process of trademark objection, handling all complexities on your behalf. Right from drafting a suitable response to making timely filings.

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Document required for Trademark objection in Gurgaon

While responding to a trademark objection in Gurgaon, you’ll typically be required to prepare a list of documents to support your counter-arguments and clear the issues raised by the examiner. Following is a detailed explanation of the documents required for responding to a trademark objection in Gurgaon

1. Examination Report Copy:
2. Detailed Response/Counter Statement:
3. Authorization Form (TM‑48):
4. Evidence of Trademark Use:

The evidence must show your mark exists in commercial activities. These may include:

5. Affidavits or Declarations:
6. Trademark Search Report:
7. Identity and Address Proof:
8. Additional Supporting Documents (if applicable):
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Trademark Objection Fees in Gurgaon

Handling a trademark objection is a multi-layer process involving complex legal procedures, technicalities, and procedural delays, thus extending both duration and financial expenses of the process. If you want that your trademark objection done without any facing complexities, smoothly and sufficiently, At Professional Utilities our expert has a hand on experience dealing with trademark objection in Gurgaon.

Note: Our professional fee for trademark objection in Gurgaon starts from Rs. 2000/- (inclusive of taxes).

This fee generally covers the following services:

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How to File a Trademark Objection Reply in Manipur?

Facing a trademark objection can be challenging, but responding correctly can help secure your registration. A well-drafted reply with strong legal arguments and supporting evidence increases the chances of approval. Here’s a step-by-step guide to filing a trademark objection reply

Step 1: Review the Examination Report

The first thing you need to do is read the objection letter and note each objection raised by the examiner.

  • Reasons for the Objection: Understand why your application was flagged (e.g., similarity to an existing trademark, descriptiveness, or other legal issues).
  • Identify whether the issues relate to absolute grounds (Section 9) or relative grounds (Section 11) under the Trade Marks Act, 1999.
  • Instructions and Deadline: Identify how and when you must respond (usually within 30–60 days).

Step 2: Identify the Type of Objection

Understanding why your trademark was objected to helps you respond effectively. Here are common types of objections:

  • Similarity to an existing trademark: Your mark looks or sounds too close to one already registered.
  • Descriptive or generic mark: It’s too basic (e.g., “Milk” for dairy) and doesn’t stand out.
  • Deceptiveness: There might be a risk of consumer confusion about your product.
  • Prohibited terms: It includes restricted words or symbols.

Step 3: Gather Supporting Evidence

Collect all necessary documents to strengthen your reply:

  • Proof of prior use: Show you’ve been using the mark (e.g., receipts, ads, website screenshots).
  • Evidence of distinctiveness: Prove it’s unique (e.g., customer feedback, examples of your branding).
  • Market presence: Sales data, social media statistics, or any other evidence showing recognition in the market..
  • Legal precedents: If similar marks were approved, note them (though this might need research or help).

Step 4: Draft a Clear and Concise Reply

Time to write your reply. This is where you convince the trademark office to approve your application. Here’s a simple structure:

  • Introduction: Say you’re responding to the objection letter. Include your application number and the letter’s date.
  • Address each objection: For every point they raised:
    • Explain why they’re wrong or how you meet the rules.
    • Example: If it’s “too similar,” argue differences in look, sound, or meaning.
    • Example: If it’s “descriptive,” show how your mark is unique through use or recognition.

Step 5: Submit Your Reply

Once your reply is ready, submit it to the trademark office. Here’s how:

  • The reply can be filed online through the Manipurn Trademark Registry’s portal or via email to the designated address
  • Ensure all documents are properly formatted and submitted within the one-month deadline to avoid complications.

Step 6: Monitor Your Application

After submitting, keep track of your application. Here’s what to expect:

  • The office will review your reply—it might take weeks or months. If they’re convinced, your application moves forward (maybe to publication or registration).
  • Rejection: If they’re not, your application might be denied.
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Differences Between Trademark Objection and Trademark Opposition

Here’s a detailed comparison between Trademark Objection and Trademark Opposition, helping you understand the differences between these two critical processes:

Particulars Trademark Objection Trademark Opposition
Stage of Initiation Initiated immediately after the submission of the trademark registration application; it occurs at the initial stage of registration. Initiated after the objection stage has been completed.
Persons Initiating Raised by the trademark examiner during the examination process. Raised by any third party who believes the proposed trademark infringes on their rights.
Form of Initiation Filed by the examiner in the form of a trademark examination report. Filed by a third party in the form of a notice of opposition.
Form of Submission The examiner submits the objection within the examination report, and its status is viewable online. The opposing party must submit a notice of opposition, including evidence and reasons for opposing the registration.
Reply for Initiation The applicant is required to reply to the trademark registrar within one month after receiving the examination report containing the objection. The applicant must reply to the registrar within two months of receiving the notice of opposition.
Appeal If the trademark application is rejected following the objection, the applicant may file an appeal. An appeal can be filed against the registrar’s decision in the trademark opposition proceedings.
Finality of Process Once the objection process is finalized and the trademark is accepted, it is published in the trademark journal. Once the opposition process is finalized and the trademark is accepted, the judgment is communicated to both the applicant and the opposing third party.
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Consequences of Not Responding Trademark Objection

If no reply is filed within the stipulated time, the trademark application may be marked as abandoned. However, if the status still shows “awaiting reply,” a belated response might still be possible, though success is not guaranteed

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Conclusion

A trademark objection in Gurgaon may appear to be difficult at first, but it is a matter of addressing it properly to achieve a successful resolution. A success of the solution to a trademark complaint in Gurgaon requires understanding the basis and then crafting a well-organized response that includes strong legal evidence and timely filing of the required documents. If a non-response is received, it could result in the rejection of an application or abandonment, which can negatively impact the protection of a brand.

At Professional Utilities we provide an easy, end-to-end service for creating convincing responses, along with time-of-submission assistance to ensure that you can get your trademark protected without any hassle. Contact our team today to avail of fast and efficient brand protection services, which protect your trademark from lengthy wait times

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Frequently Asked Questions (FAQs)

What is a trademark objection?

A trademark objection is an initial refusal from the Trademark Examiner, citing reasons such as similarity to an existing mark or lack of distinctiveness. Applicants must submit a proper response to proceed with registration.

What documents are required to respond to a trademark objection in Gurgaon?

Essential documents include:

  • Copy of the Examination Report
  • Detailed response with legal arguments
  • Power of Attorney (if filed by an attorney)
  • Proof of trademark usage (invoices, advertisements, etc.)
How much does it cost to respond to a trademark objection in Gurgaon?

At Professional Utilities, our trademark objection reply services start at Rs. 2000/- (inclusive of taxes). This includes expert consultation, drafting, and submission.

How long does it take for a trademark objection to be resolved?

The resolution time varies but generally takes 2–6 months, depending on the complexity of the case and the Trademark Office’s review process.

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