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Trademark Objection

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Trademark Objection

Overcome Legal Hurdles in Your Trademark Application

When you apply for a Trademark Registration, the Registrar may raise an objection during the examination process. A Trademark Objection does not mean rejection — it simply indicates that certain issues need to be clarified or resolved before the mark can be registered.

Common Reasons for Trademark Objection

🔹 Similarity with an existing mark – Risk of confusion with an already registered or applied trademark.
🔹 Descriptive words – If the mark directly describes the goods/services (e.g., “Sweet” for chocolates).
🔹 Lack of distinctiveness – Marks that are too generic or common.
🔹 Incorrect filing details – Wrong applicant name, classification, or incomplete documents.
🔹 Violation of rules/law – Use of prohibited words, symbols, or misleading representations.

Documents Required for Reply to Trademark Objection

  • Trademark Examination Report

  • Authorization Letter (Form TM-48, if filed through agent/attorney)

  • ID & Address Proof of Applicant

  • Affidavit (if claiming prior use of the mark)

  • Proof of Usage (invoices, ads, websites, brochures, etc.)

  • Supporting Documents (legal arguments, evidence, etc.)

Process to Handle Trademark Objection

  1. Examination Report Issued – Registrar raises objection under relevant sections.

  2. Draft & File Reply – Submit a detailed reply with legal arguments and evidence.

  3. Hearing (if required) – Registrar may call for a personal hearing.

  4. Decision by Registrar – If satisfied, the mark proceeds to advertisement in Journal; else, it may be refused.

Timeline for Trademark Objection

  • Reply must be filed within 30 days from the date of receipt of the Examination Report.

  • Delay may lead to abandonment of the application.

Why Trademark Objection Must Be Handled Carefully

✅ Ensures your brand gets registered smoothly.
✅ Avoids rejection due to technical or legal grounds.
✅ Protects brand exclusivity and prevents infringement.
✅ Saves time and costs of re-filing a new application.

Why Choose Us?

  • 📌 Expert drafting of legal replies to objections.

  • 📌 Assistance with affidavit and evidence preparation.

  • 📌 Representation during hearings before the Registrar.

  • 📌 High success rate in getting objections cleared.