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Trademark Objection in India
A trademark objection in India arises when the trademark examiner or a third person raises concerns regarding the registrability of a trademark application filed under the Trade Marks Act, 1999. Such objections are typically stated in the examination report and may be based on absolute or relative grounds.
Objections are commonly raised when the proposed trademark:
- Is identical or deceptively similar to an existing trademark or earlier trade mark, risking consumer confusion
- Lacks a distinctive character or is descriptive in nature
- Contains obscene matter, fraudulent implications, or international non-proprietary names (INNs)
- Misleads or deceptively implies association with a respective trademark holder, government body, or well-known mark, such as the World Health Organization
The trademark applicant must file a trademark objection reply within 30 days of receiving the examination report. A well-drafted response, addressing the objection cited and providing evidence of bonafide and established practices, is crucial to avoid rejection or abandonment.
Objections may also be filed by existing trademark owners via a trademark opposition process after the mark is published in the Trademark Journal. Understanding the objections procedure and seeking expert guidance helps in crafting an appropriate response and ensures the successful trademark registration process. An effective reply not only reduces consumer confusion but also strengthens the trademark protection offered under the Indian trademark system.
What is a Trademark Objection?
Trademark objection is when the status of a trademark application shows as ‘Objected’ on the portal. ’ It means the Trademark Registrar has examined the application and raised certain concerns or objections under Section 9 (absolute grounds) or Section 11 (relative grounds) of the Trade Marks Act, 1999.
This status signifies that the mark has not been accepted at this stage and awaits a formal response from the applicant. To proceed with the registration process, the applicant must submit a detailed reply to the examination report, clarifying and defending the uniqueness and validity of the trademark.
It does not mean the application is rejected, but rather that the Registrar has identified one or more reasons, such as similarity with existing marks, lack of distinctiveness, or incorrect classification that need to be addressed by the applicant. The applicant must respond to the objection within the prescribed time, typically 30 days, by filing a written reply with supporting arguments and evidence to defend the application.
Grounds for Trademark Objection
Trademark objections in India arise when the Registrar identifies issues during the examination of a trademark application that may hinder its registration. These objections are primarily based on the absolute and relative grounds for refusal outlined in the Trade Marks Act, 1999. Understanding the specific grounds under Sections 9 and 11, as well as other common reasons, is essential for effectively responding to an objection notice.
Objections Under Section 9
Section 9 of the Trade Marks Act, 1999 deals with absolute grounds for refusal. Objections under this section are raised:
- When a trademark lacks distinctiveness or is descriptive, generic, deceptive, or contrary to public morality. For instance, a mark that directly describes the quality, nature, or value of the goods/services, such as “Sweet” for candies, may be objected to under this section
- The Registrar may also object to marks that are misleading about the nature or quality of the product, or those that could hurt religious sentiments or promote obscenity.
Objections Under Section 11
Section 11 covers relative grounds for refusal and focuses on the likelihood of confusion or deception due to the similarity of the proposed trademark with an existing registered mark.
- If a trademark is identical or deceptively similar to an earlier registered trademark or has the potential to confuse consumers regarding the source of goods or services, the Registrar may raise an objection.
- This is to prevent duplication and protect the rights of existing trademark owners.
Reasons for Trademark Objection
Apart from statutory grounds under Sections 9 and 11, trademark objections can also arise from procedural errors or incomplete information. Common reasons include:
- Incorrect classification of goods/services
- Non-submission of required documents or fees
- Use of prohibited or restricted terms (e.g., national symbols or words like ‘State’ or ‘President’)
- A trademark resembling a well-known mark or containing misleading geographical indications
How to Respond to a Trademark Objection
Responding to a trademark objection is a critical part of the registration process and must be handled with precision and within the stipulated timeframe. A well-drafted reply, backed by relevant legal arguments and evidence, can help overcome the objection and move the application forward. Below is a step-by-step guide on how to effectively respond to a trademark objection.
Step 1: Read the Examination Report Carefully
The first step is to thoroughly read the examination report issued by the Trademark Registrar. This report outlines the specific reasons for the objection, citing relevant sections of the Trade Marks Act, 1999. Understanding the exact nature and basis of the objection is essential for crafting a strong response.
Step 2: Identify the Grounds of Objection
Determine whether the objection falls under Section 9 (absolute grounds), Section 11 (relative grounds), or procedural issues. This classification helps in framing the right legal strategy and preparing a targeted response that directly addresses the Registrar’s concerns.
Step 3: Gather Supporting Documents
Collect relevant documents to support your case. These may include proof of prior usage of the trademark, invoices, promotional materials, website screenshots, media coverage, and any other evidence that demonstrates the distinctiveness or uniqueness of your mark.
Step 4: Draft the Objection Reply
Prepare a detailed reply to the examination report, addressing each objection raised. The reply should include legal reasoning, references to case law if necessary, and explanations supported by the documents gathered. The goal is to convince the Registrar that the trademark is eligible for registration.
Step 5: File the Reply Online
Submit the reply to the trademark objection through the official website of the Intellectual Property India (https://ipindia.gov.in) within 30 days from the date of receipt of the examination report. Ensure that the reply is filed under the correct application number and that an acknowledgement is generated.
Step 6: Trademark Hearing
If the Registrar is not satisfied with the written reply, a show-cause hearing may be scheduled. During the Trademark hearing., the applicant or their legal representative can present oral arguments and additional evidence to defend the trademark. It’s important to attend the hearing and be well-prepared.
Step 7: Post-Hearing Outcome
After the hearing, the Registrar may either accept the application for publication in the Trademark Journal or issue a refusal order. If accepted, the trademark proceeds toward registration unless opposed by a third party. If refused, the applicant has the option to file an appeal before the Intellectual Property Appellate Board or High Court, depending on the case.
Trademark objections can stall brand growth, but responding shouldn’t be complex. Taxmaan offers a one-stop solution that helps businesses respond to trademark objections quickly and accurately.
Documents Required for Filing a Trademark Objection Reply
Filing a well-supported reply to a trademark objection is essential for moving the application forward in the registration process. Along with a detailed response, certain documents must be submitted to strengthen the case and demonstrate the legitimacy and distinctiveness of the trademark. Below are the key documents required for filing a trademark objection reply in India.
Authorization – TM-48
Form TM-48 is a legal document that authorises a trademark attorney or agent to act on behalf of the applicant. This is mandatory when the reply is filed through a legal representative. It must be duly signed and stamped by the applicant and the authorized agent.
Examination Report of Trademark/Application Number
The examination report issued by the Trademark Registrar, along with the application number, must be referenced accurately. This report outlines the reasons for objection and forms the basis of the reply being submitted.
ID Proof
Valid identity proof of the applicant, such as PAN card, Aadhaar card, passport, or voter ID is required to establish the authenticity of the individual or entity filing the reply.
Address Proof
Proof of address of the applicant (individual or company) is also necessary. This may include utility bills, property tax receipts, lease agreements, or any official document reflecting the correct correspondence address.
Affidavit of Usage
An affidavit stating the date of first use of the trademark, if applicable, must be prepared and notarised. This affidavit should detail how long the trademark has been in use and in what capacity (e.g., goods sold, services provided).
Proof of Evidence of a Trademark in Commercial Use
Supporting documents that prove the commercial use of the trademark should be attached. These can include product labels, packaging, brochures, website screenshots, advertisements, invoices, social media presence, or any other marketing materials showing the mark in active use.
Trademark Objection Reply Format & Sample
When responding to a trademark objection, it is crucial to follow a structured format that addresses the Registrar’s concerns clearly and professionally. The reply should include the legal basis for the defense, supported by facts and documents. Here is a general format for a trademark objection reply along with a description of what a typical sample PDF might contain.
Trademark Objection Reply Format
Subject: Reply to Trademark Examination Report – Application No. [Your Application Number]
To
The Registrar,
Office of the Trade Marks,
[Jurisdiction Office – e.g., Mumbai/Delhi/Chennai/Kolkata/Ahmedabad]
Sub:Reply to Examination Report issued under the Trade Marks Act, 1999
Trademark: [Your Trademark Name]
Class:[Trademark Class Number]
Application No.:[Trademark Application Number]
Date of Examination Report:[Date]
Respected Sir/Madam,
This is with reference to the examination report dated [Date], wherein the trademark application bearing no. [Application Number] for the mark “[Trademark Name]” filed under Class [Class Number] has been objected to under Section [9/11/Other] of the Trade Marks Act, 1999.
We respectfully submit the following in response:
1. Response to Objection under Section [9/11]
(Explain why the mark is distinctive and not deceptive or confusing. Include arguments, case law references, or comparison with existing marks, if necessary.)
2. Evidence of Prior Use (if applicable)
The applicant has been using the mark “[Trademark]” since [Date], as evidenced by attached documents including invoices, advertisements, and product packaging.
3. Legal Justifications
(Provide legal arguments defending the mark’s registrability, distinctiveness, and uniqueness.)
In light of the above, we request you to consider the submissions and proceed to accept the mark for publication in the Trademark Journal.
Thank you for your consideration.
Sincerely,
[Your Name]
[Applicant/Authorized Agent]
[Contact Details]
[Signature]
[Date]
Attachments:
1.TM-48 Authorisation Letter
2.Examination Report Copy
3.ID and Address Proof
4.Affidavit of Usage (if applicable)
3.Proof of Trademark Use (Invoices, Ads, Brochures, etc.)
Trademark Objection Reply Fees
In India, there is no official government fee for filing a reply to a trademark objection. The process of replying to an objection is free of cost when done by the applicant themselves through the official portal of the Intellectual Property India (IP India).
However, if you choose to hire a trademark attorney or legal professional to assist in drafting and filing the reply, professional service charges will apply. These fees generally depend on the complexity of the objection, the experience of the service provider, and the amount of documentation required.
Typical Fee Range for Professional Services:
The trademark objection response price starts from ₹2999 + GST *. The price varies as per the complexity and nature of the process and is subject to change. Get in touch with our IP lawyers to get a clear outline of the prices involved.
What Happens if You Don’t Respond to a Trademark Objection?
If you fail to respond to a trademark objection within the stipulated time frame typically 30 days from the date of issuance of the examination report your application is liable to be abandoned by the Trademark Registry. This means your trademark will not proceed to registration, and you will lose the priority and rights associated with your application.
Not responding can result in the following consequences:
- Application Status Changed to “Abandoned”: The trademark will no longer be considered for registration, and the status will be updated accordingly on the official trademark portal.
- Loss of Brand Protection: You won’t have exclusive legal rights to the brand name or logo you applied for, leaving it open for others to register.
- Re-filing Required: You may need to file a fresh application, which means incurring additional time and cost, and losing the original filing date (which could impact priority in case of conflicts).
- Reputational Impact: If your trademark was already in use and associated with your business, rejection due to non-response could lead to confusion and weaken your brand identity.
How to Check Trademark Application Status
Checking the status of your trademark application is an essential step to stay updated on its progress and take timely action if any objection or opposition arises.Here are the steps to Check Trademark Application Status:
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1. Visit the Official Trademark Website:
Go to the Intellectual Property India website: https://ipindia.gov.in
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2. Click on ‘Trade Marks’ Tab:
On the homepage, click the ‘Trade Marks’ option under the ‘IPR Services’ section.
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3. Select ‘Trademark Application/Registered Mark’ from the Left Menu:
This will take you to the search page for trademarks.
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4. Enter Application Number:
In the appropriate field, enter your Trademark Application Number (a 7- or 8-digit number provided at the time of filing).
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5. Click ‘View’ or ‘Search’:
After entering the number, click on the search button to view your application status.
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6. Review the Application Details:
The next page will show complete information, including:
- Application status (e.g., “Marked for Exam”, “Objected”, “Advertised”, “Registered”, etc.)
- Examination report
- History and timelines
- Applicant details
Differences Between Trademark Objection and Trademark Opposition
Understanding the distinction between a trademark objection and a trademark opposition is important as both are crucial stages in the trademark registration process but differ in timing, parties involved, and purpose.
| Aspect | Trademark Objection | Trademark Opposition |
|---|---|---|
| When It Occurs | During the examination phase, after the application is filed and examined by the Registrar. | After the trademark application is published in the Trademark Journal. |
| Who Raises It | The Trademark Registrar (examining authority). | Any third party or competitor who believes the mark conflicts with their rights. |
| Purpose | To raise issues about the registrability of the trademark based on legal grounds (absolute or relative). | To challenge the proposed registration based on similarity, prior rights, or other valid reasons. |
| Grounds for Raising | Grounds under Sections 9 and 11 of the Trade Marks Act, such as lack of distinctiveness, similarity to existing marks, or descriptive nature. | Similar grounds as objection, but initiated by a third party within 4 months of publication. |
| Process | Applicant replies to the objection by submitting a legal response and evidence to the Registrar. | The opponent files a formal notice of opposition; then both parties present arguments before the Registrar. |
| Outcome | The registrar decides whether to accept or refuse the trademark application based on the reply. | The registrar decides whether to register or refuse the trademark after hearing both parties. |
| Timeframe | Usually within 30 days of receiving the examination report. | The opposition period is 4 months from the date of advertisement in the Journal. |
Trademark Objection Hearing Process
When a trademark application faces an objection by the Registrar and the written reply submitted by the applicant does not satisfy the Registrar’s concerns, a hearing is scheduled to allow the applicant to present their case in person or through a legal representative. The hearing process is a crucial opportunity to clarify doubts, provide additional arguments, and increase the chances of your trademark’s acceptance.
Steps in the Trademark Objection Hearing Process
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1. Notice of Hearing:
The Trademark Office issues a notice informing the applicant about the date, time, and venue of the hearing. This notice is generally sent after the applicant files the reply to the examination report.
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2. Preparation for Hearing:
The applicant or their authorised agent should prepare by reviewing the objection grounds, organising supporting evidence, and planning legal arguments to address the Registrar’s concerns effectively.
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3. Attendance at Hearing:
The applicant or their trademark attorney must appear before the Registrar on the scheduled date. The hearing is usually conducted in person or through video conferencing depending on the office and circumstances.
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4. Presentation of Arguments:
During the hearing, the applicant or their representative presents oral arguments supporting the trademark’s eligibility for registration. They may explain the distinctiveness of the mark, counter objections, and highlight evidence of use.
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5. Clarifications and Questions:
The Registrar may ask questions or seek clarifications regarding the trademark, its usage, or legal points raised in the reply. Clear and concise answers are important to convince the Registrar.
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6. Hearing Conclusion:
After considering the oral and written submissions, the Registrar either:
- Accepts the application, allowing it to proceed to publication in the Trademark Journal, or maintains the objection and issues a final refusal order.
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7. Post-Hearing Actions
If accepted, the trademark moves closer to registration unless opposed by third parties. If refused, the applicant can file an appeal with the Intellectual Property Appellate Board or relevant High Court within the prescribed time.
Why Choose Taxmaan for Trademark Objection?
Handled trademark objection with expert support. We offer the fastest turnaround time in India, with guaranteed document drafting by experienced senior IP lawyers in under 24 hours (T&C apply). Our legal team thoroughly examines the objection, prepares a strong and compliant reply, and ensures the documents are uploaded within 2 working days. With Taxmaan, you get speed, legal accuracy, and complete support in safeguarding your trademark. Choose Taxmaan to respond to objections with confidence and clarity.
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