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During the trademark registration process, the Trademark Registrar raises objections on the intended trademark if it violates rules and laws of trademark registration. It could be due to several reasons like similarity with an existing trademark, offensive to a particular religion, absence of a distinct design, etc.

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Documents Required for Trademark Objection

The documents required are:

  • Advertisement Copy
  • Product Images
  • Sales Invoice
  • Domain Registration copy
  • Website Screenshot

Our Trademark Objection Packages

Trademark Objection

Trademark Objection

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Trademark Objection

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How to Reply to Trademark Objection
  • The first step involves analyzing and studying the objection carefully, as any ambiguity in understanding can lead to incorrect filing of Trademark Objection Response.
  • A proper answer to the objection raised with supporting rule of law and precedents and judgments supporting the case.
  • An affidavit stating the usage of the trademark in the applicant’s website and social media channels; advertisement in the media; publicity material; availability of trademarked products on e-commerce sites, etc. along with the documentary proof for the same
  • If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be a trademark hearing scheduled and the same will be notified with a notice.
  • In the event of a negative outcome, the Refusal Order will be passed, explaining the reason for the refusal. The applicant still would have the option to appeal the order by filing a review petition within 30 days from the date of the Refusal Order mentioning the grounds on which the order must be reviewed.
  • Once your trademark is published in the Trademark Journal, it will be open to scrutiny for a period of four months. If no third-party oppositions are filed within that period the mark will then proceed towards registration, and the Registration Certification is issued. If an objection is filed the opposition proceedings will take place as per the prescribed rules of the law.

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What People Frequently Ask..

The examiner should be satisfied with the trademark it should comply with all the rules and regulations, if the examiner is unsatisfied with the trademark he may object to the trademark. An intimation will be sent to the applicant and the applicant is required to respond within thirty days.

The trademark examination report of the objection over trademark on the website of IPI India.

The trademark experts draft and file a reply within 3 days of raising an objection that is received subject to the available documents.

The trademark objection is raised by the examiner by raising questions over the criteria that are followed during registration whereas the opposition is done by a third party over the credibility of the trademark.

A trademark is objected to due to many reasons like the documents filed or the fulfillment of the criteria that is mandated by the rules.

Trademark objection can be raised on two grounds absolute and relative grounds.

In case the reply doesn’t match the criteria the trademark application gets rejected.

Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.