Trademark Objection Reply2023-09-05T12:56:34+05:30

Online Trademark Objection Reply

A Trademark Objection reply is required to be filed by the owner of a trademark where the Trademark Examiner raises any objection against the registration of the trademark. The reply has to be filed within a period of 30 days to the Trademark Registry Office.

20000+ Happy Clients | 100+ Professionals | 300+ Partners

Free Consultation

Get response within 15 minutes

    >

    Easy payment options available No spam. No Sharing. 100% Confidentiality

    Businesses Incorporated

    10000+ Businesses Incorporated

    Guaranteed Filing
    Within 24-Hours
    5/5 Google Rating

    5/5 Google Rating
    100% Satisfaction Guaranteed

    100% Guaranteed Satisfaction Policy

    How it Works

    online-trademark-objection-reply-process-step1

    Enquiry

    Reach us out for assistance

    online-trademark-objection-reply-process-step2

    Free Consultation

    Get professional support in minutes for free

    online-trademark-objection-reply-process-step3

    Documentation

    Our team completes your task after detailed discussion

    online-trademark-objection-reply-process-step4

    Work Done

    You job is completed with hassle free business support.

    Online Trademark Objection Reply

    Once the applicant files the Trademark application with the Registrar of Trademarks, it goes through various stages. In the initial stage, the Trademark Examiner examines the trademark application and looks for any errors or mistakes in the application.

    The examiner could raise an objection if he finds that the application filed does not qualify for a valid registration as per various grounds listed in the Trade Marks Act, 1999.

    If the examiner does not raise any objection, they accept the application and then proceed to publish it in the Journal for a duration of 4 months. However, if the Examiner raises any trademark objection, they inform the applicant about it through the Trademark Examination report.

    In such a case, the applicant needs to file a trademark objection reply to demonstrate that his application should progress to the next stage and that it has the potential to obtain a valid registration. Failure to file a trademark objection reply shall lead to abandonment and rejection of the Trademark Application.

    Thus, filing a Trademark objection reply becomes an important step in order to get your Trademark registered.

    Moreover, the applicant must file the trademark objection reply within 30 days. It must contain valid reasons, relevant case laws, supporting documents, and evidence as to why the mark should be registered in favor of the applicant.

    What happens if I don’t file Trademark Objection Reply?

    Filing a reply to the examination report is an important step for the registration of the trademark. The applicant needs to file the reply within one month from the date they receive the examination report. Alternatively, the applicant may also request for Trademark Hearing.

    If a reply to the examination report or a request for a hearing is not received within one month, then the authorities will consider the trademark application as abandoned or rejected.

    Reasons for Trademark Objection

    • Already existing trademark

      • This is the most common reason for the objection of a trademark application. The Registrar/Examiner raises it when there is an already registered trademark existing that is similar to the one proposed by the applicant. This may cause a likelihood of confusion on the part of the public between the trademarks.
      • This kind of objection is raised by the Registrar/Examiner under Section 11 of the Trademarks Act 1999.
    • Lack of Distinctive character

      • This is another common reason for the objection of a trademark application, it is raised by the Registrar/Examiner when the trademark is non-distinctive and as such and is not capable of distinguishing the products and services from one another.

      For example, the words like Sugar, Carbon, Salt, etc. which lack distinctive character shall fall under this category of objection.

      • This kind of objection is raised by the Registrar/Examiner under Section 9(1)(a)of the Trademarks Act 1999.
    • Descriptive Character

      • This is the third common reason for the objection of a trademark application, it is raised where the trademark consists of words or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin, or time of production of the goods or rendering of the service or such other characteristics of the goods or service.

      For example, trademarks such as 15 degrees thermometer, green garden, red apples, Belgium Chocolate, etc. shall be considered descriptive in nature.

      • This kind of objection is raised by the Registrar/Examiner under Section 9(1)(b) of the Trademarks Act 1999.
    • Form TM-48 not filed

      • The form TM-48 is filed in case the trademark application has been filed by the Trademark agent/attorney on behalf of the applicant. In case the same form has not been attached along with the application, or if it is filed incorrectly, the examiner could raise an objection.
    • Incorrect Trademark Form or Class

      • If the trademark application has not been filed through an appropriate form, the examiner of the trademarks could raise an objection against the trademark application.
      • Listing the correct class is also important while filing the trademark application. If the applicant has chosen the incorrect trademark class, then the examiner of the trademark holds the authority to raise an objection against the trademark application.
    • Deception in Trademark :

      • In case the examiner finds the trademark application is deceiving in nature with regards to the general public or it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, or it contains scandalous or obscene matter, the examiner can raise a trademark objection.
      • A trademark that consists exclusively of marks or indications which have become customary in the current language or in the bonafide and established practices of the trade may be objected to as well.
    • Unattached User Affidavit

      • The applicant is required to attach a user affidavit along with the trademark application if there has been a claim of usage prior to the date of the application.
      • If the examiner finds the user affidavit missing, he is authorized to put the trademark under the status of “Objected”.

    Significance of Filing Trademark Objection Reply

    • To prevent the Trademark from being rejected or abandoned

      When the Examiner raises an objection to the Trademark, the applicant has to submit his reply within 30 days of time. If the applicant does not respond to the objections within the prescribed time, the trademark application can be rejected or abandoned by the Examiner/Registrar.

    • Opportunity to show that trademark qualifies for grounds of registration

      In a trademark objection reply, the applicant gets an opportunity to state the detailed reasons as to why the mark should be registered. In addition, he can state why the objection remarks should be waived off along with the relevant case laws, supporting documents, and evidence.

    • To rectify the defects or errors in the application

      In case there has been an error or mistake in filing a trademark application, the applicant gets a chance to remove the error and defects in the trademark application and proceed toward registration.

    What Is Included In Our Online Trademark Objection Reply package?

    • Consultation and Advisory on the Objection remarks

    • Preparation of Reply to Objection Report by our Expert Team

    • Filing of Trademark Objection Reply with Trademark Registry

    • Timely updating the status of Trademark

    Procedure for Online Trademark Objection Reply

    • A preliminary study of the Trademark and Objection raised

      In the first step, we shall go through the applied trademark and the examination report to understand the objection raised by the examiner.

    • Submission of Documents

      The applicant shall have to submit the proof of usage of trademark, goodwill earned, or other documents as required, if any, which shall be used in the preparation of a reply.

    • Preparation of reply by our Expert Team

      Our team will prepare the reply to the trademark objection keeping in the points objections raised by the examiner and shall make all the relevant submissions.

    • Draft Trademark Objection Reply for Approval

      Once the Trademark Objection reply is finalized by our team, it shall be sent to the client for his approval and observation. If approval is granted for the Draft reply we shall proceed toward filing the same.

    • Filing of Trademark Objection Reply

      The reply shall be filed with the Registrar of Trademarks via online mode and after which he shall consider the same. If the Registrar is satisfied with the reply then he shall publish the trademark in the journal and proceed towards registration. However, if he is not satisfied with the reply he shall schedule a hearing for further submissions.

    Documents Required in Online Trademark Objection Reply

    • Trademark name and application number

    • Examination Report issued by Trademark Examiner

    • PAN Card of Applicant

    • Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License

    • Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others

    • Power of Attorney/Authorization letter

    • Affidavit of usage (wherever applicable)

    • Any kind of goodwill earned through the usage of trademark (if any)

    FAQ

    Do I need to be physically present during this process?2021-09-04T19:23:50+05:30

    No, trademark objection reply is filed electronically through the online portal. All the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents & forms.

    How much time is needed to prepare a reply to the trademark objection?2021-09-04T19:23:03+05:30

    On an average, it takes 7-10 days to file a trademark objection reply.

    How long does it take for a trademark to be registered after filing a reply to trademark objection?2021-09-04T19:22:41+05:30

    Once the reply to trademark objection is filed, if the Registrar of Trademarks is satisfied with the reply, it will then be published in the journal and then proceed towards registration. This generally takes about 10 to 12 months of time, the processing time at Trademark Office generally depends on many factors. If the Registrar of Trademarks is not satisfied with the submission of the reply, then it may take a much longer time.

    What if Registrar is not satisfied with the Trademark Objection reply?2021-09-04T19:22:19+05:30

    If the Registrar of Trademark is not satisfied by reply to Trademark Objection, then he shall call the applicant for the hearing and shall give an opportunity to provide written or oral submissions at a specified date.

    Is there any government fees to be paid for filing a reply to Trademark Objection?2021-09-04T19:20:47+05:30

    No, there is no government fees for filing a reply to Trademark Objection

    Can I get any extension for filing the reply to Trademark Objection?2021-09-04T19:20:19+05:30

    Yes, you can file for an extension of time for filing a reply to the trademark objection if you’re unable to file within 1 month of receipt of the examination report.

    Can the Registrar of Trademark put any conditions, amendments, modifications, or limitations before accepting a trademark?2021-09-04T19:17:49+05:30

    Yes, a Registrar of Trademark may accept a Trademark Objection Reply, subject to such conditions, amendments, modifications, or limitations as he may think fit to impose.

    Can any correction be made once the trademark application has been made?2023-07-26T19:02:58+05:30

    Yes, an applicant may before the registration of the trademark can apply in Form TM-M accompanied by the prescribed fee for the correction or any amendment in his trademark application. However, the basic principle is that the applicant should not substantially alter the trademark applied for, affecting its identity or substituting a new specification of goods or services. Subject to these guidelines, minor changes are permissible.

    I have got Objection under Section 9(1)(a) of the Trademark Act, what is it mean?2021-09-04T19:14:12+05:30

    Section 9(1)(a) of the Trademark Act is an absolute ground for refusal of registration, it prohibits the registration of those trademarks which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person.

    I have got Objection under Section 9(1)(b) of the Trademark Act, what is it mean?2021-09-04T19:13:34+05:30

    Section 9(1)(b) of the Trademark Act prohibits the registration of a mark which generally consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin, or the time of production of the goods or rendering of the service or other characteristics of the goods or service.

    I have got Objection under Section 11 of the Trademark Act, what is it mean?2021-09-03T19:23:21+05:30

    Section 11 of the Trademark Act is a relative ground for refusal of registration, it prohibits the registration of a trademark –

    • If the mark due to its identity and similarity causes a likelihood of confusion on part of the public, which includes the likelihood of association with the earlier trademark.
    • If the mark is identical or similar to a well-known trademark in India and use of the later mark without due cause would take unfair advantage of or may be detrimental to the distinctive character or repute of the well-known trademark
    • If the trademark due to its use in India is liable to be prevented by the law of passing off protecting an unregistered trademark used in the course of trade or by virtue of the law of copyrights.

    Free Consultation

    Get response within 15 minutes

      Easy payment options available No spam. No Sharing. 100% Confidentiality

      Why Registration Arena

      Affordable-pricing

      Affordable pricing

      Registration Arena offers various packages at different prices with flexible payment options made to best suit your budget.

      Professional-team

      Professional team

      With a combined experience of 10+ years, our CA, CS and Legal experts ensure your work is done conveniently with utmost accuracy and timeliness.

      Best-in-class-customer-service

      Best in class customer service

      We are always keen on speaking to our customers and resolving their queries. Have any doubt? Contact us without any hesitance through email, phone WhatsApp, or contact form

      250000+ startups love us !

      quote-icon
      post-thumbnail-image

      "...Masters in Company Registration and Compliance"

      Masters in company registration and compliance. Highly professional & polite team. Top marks for communication, systems and processes they follow. Their working style is like a "Fire & Forget Missile". Submit the requisites to them and sit back & relax. If they say "it will be done", then "consider it already done". Getting a Support Fulcrum like Registration Arena is a Truly Amazing Experience. We highly recommend them!
      Smita Shetty
      Founder , Guru Shah Associates
      quote-icon
      post-thumbnail-image

      "...100 percent professional"

      They supported us at every stage of setting up our company in India. They went above and beyond what would be considered necessary with helping us with warehousing and drug licensing applications. 100% professional service and I will definitely be using them for the further expansion of our business in India and beyond. I can't recommend them highly enough.
      Jonathan Bryne
      Managing Director , Lipsia Pharma Pvt. Ltd.
      quote-icon
      post-thumbnail-image

      "...Truly the professionals"

      One word that comes to my mind when I speak about these guys that is Professionalism. They are truly the professionals when it comes to any kind of business registrations. Extremely professional, ethical and knowledgeable service provider. I'm extremely satisfied and content with their working style. They take care of every single thing relevant to client. Close your eyes and go with Registration Arena.
      Rakesh Yadav
      Founder , NUVIQO AGRI BIOTECH PVT LTD
      Go to Top