How to Respond to a Trademark Objection and Secure Your Brand

Getting a trademark in India 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:

• Understanding the Ground of Objection – One of the most common issues that a majority of applicants face is understanding the grounds upon which a trademark has been objected to. Objections on absolute grounds (Section 9) usually happen when a mark is either too generic or descriptive, while relative grounds (Section 11) objections happen when a mark is similar to an already existing one with a possibility of confusion. This distinction needs to be understood for preparing a good response.
• Filing Effective and Timely Response Applicants must submit a carefully drafted response within 30 days, addressing the examiner’s objections with clear arguments and solid evidence. Missing this deadline can result in application abandonment, forcing companies to start all over again.
• Handling Legal Procedures – If the initial response does not satisfy the examiner, applicants may be required to attend a show cause hearing or appeal further, adding to complexity. Such steps could be overwhelming without legal expertise.
• Cost and Resource Constraints – Responding to multiple objections can be expensive, and therefore the process can be financially burdensome, especially for startups and small businesses.
• Delays in Registration – Even once objections have been resolved, the process of registration as a whole can be lengthy, taking months or even years, and this can impact branding and market position.

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.

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

1. Examination Report Copy:

• The official report from the Trademark Office detailing all objections to your application. Your response depends on this report, which serves as evidence of the objections.

2. Detailed Response/Counter Statement:

• A complete written document addressing all issues raised in the examination report.
• It should present legal arguments, relevant to case law or precedents, and a clear explanation as to why the trademark is eligible under the regulation requirements.

3. Authorization Form (TM‑48):

• If your application is filed through a trademark attorney, attach the TM‑48 (or its equivalent), which is mandatory for submissions made by trademark professionals.

4. Evidence of Trademark Use:

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

• Invoices and Bills: Representing sales or transactions of your trademark.
• Business Activities: Letterheads, visiting cards, and product packages with your imprint.
• Marketing Materials: Brochures, ads, and screenshots of your website or social media websites.

5. Affidavits or Declarations:

• Official declarations serve to prove the distinctive qualities of your trademark as well as statements
• indicating prior use. The declarations act as evidence to oppose the objections brought forward.

6. Trademark Search Report:

• The report demonstrates that your trademark matches no current marks found in any classes which share similar associations.
• The record helps demonstrate that your mark stands apart from others in the registry.

7. Identity and Address Proof:

• To verify applicant identity and address the trademark office needs documents such as PAN card, Aadhaar card, or passport.

8. Additional Supporting Documents (if applicable):

• Any other certificates or documentation (e.g., MSME, FSSAI, etc.) that can strengthen your case by establishing compliance or prior recognition of your trademark.

Handling a trademark objection involves multiple legal steps, documentation, and timely submissions, making it a complex and potentially time-consuming process. At Professional Utilities, our experienced professionals ensure your objection is addressed efficiently and without unnecessary complications.

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

This fee generally covers the following services:

• Expert Consultation: We review your examination report in detail and identify the specific issues raised, ensuring you understand all the complexities involved.
• the Response:Our team prepares a comprehensive reply that includes tailored legal arguments, supporting evidence, and all necessary clarifications to overcome the objections.
• Document Preparation: We guide you in assembling all required documents, such as the examination report copy, official declarations regarding your trademark’s distinctiveness or prior use, the power of attorney, and evidence of trademark use.
• Filing and Follow-Up: We take care of submitting your reply to the Trademark Office and continuously monitor the response to ensure any further queries or issues are addressed promptly.

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

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