Understanding Trademark Objection

Trademark Objection constitutes the second stage of the Trademark Registration Process. During this stage, all trademark applications undergo examination by the Registrar of Trademarks.

After the examination of the trademark application, the Registrar determines whether the application can be accepted. If not accepted, the Registrar issues an objection, providing specific reasons for the objection. The examination report, including the objections, is then communicated to the applicant or their trademark agent, requiring them to submit a reply to the examination report.

The applicant must file the reply within 30 days from the date of receiving the examination report. This period is crucial as it allows the applicant to address the objections raised by the Registrar and provide suitable responses or clarifications to proceed with the trademark registration process successfully.


Why Trademark Objection Reply is necessary?

-To Prevent Abandonment

Filing reply to examination report is mandatory to reach the next stage of the registration process. Failure in filing the reply to trademark objection report within a month from the date of dispatch of the said report would lead to the abandonment of the whole TM application.

-Establish your Mark’s Distinctiveness

The Trademark objection reply letter provides the opportunity to present the ground as to why the applicant is entitled to get his/her mark registered. With written reply to the report, one put can put forward the arguments on how the objections are not applicable to the TM application and show the mark’s distinctive features.


Process For Filing The Trademark Objection Response

When the Registrar determines that a trademark application is liable for objection, the application status is changed to “OBJECTED.” The applicant’s trademark agent receives a copy of the examination report, outlining the reasons for the objection. To proceed, the applicant must file a reply to the objection within 30 days of receiving it.

Here are the steps to file a response to a trademark objection:

  1. Analyze the Examination Report: Carefully review the examination report to understand the grounds for the objection raised.
  2. Draft a Reply to the Objection: Prepare a comprehensive reply addressing the objections raised, providing legal arguments, relevant case law, and supporting documents to substantiate the response.
  3. Timelines for Filing: The reply to the Examination Report must be filed within 30 days of receiving the report, along with all supporting documents. It is crucial to seek legal expertise and refer to relevant cases and judgments from Tribunals, Courts, or International references in the reply.
  4. Extension of Time: If unable to file the reply within the given period, the applicant can request an extension by filing application Form TM-M electronically through the trademark agent. A valid reason for the delay must be provided. If the reply is filed through a different trademark agent, a fresh Power of Attorney is necessary.

To apply for an extension of time, the applicant must submit Form TM-M along with the requisite fee (₹900.00).

Consequences of Non-filing: Failing to submit the reply within the designated time could lead to the Trademark application being marked as abandoned by the Trademark Registry. In such cases, the applicant will need to file a fresh application for the Trademark registration.

Timely and well-prepared replies to trademark objections are crucial for a successful Trademark Registration Process, ensuring that the application proceeds smoothly and avoids unnecessary complications.