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Trademark Objection

A Trademark Objection is an identical expression related to a product or service that differentiate it from others. This expression might be a word, slogan, photograph, logo, graphic, color combination, sound or even smell. But due to some reasons, Trademark offices can have objections on any Trademark application which does not meet their legal norms. There can be various reasons for trademark objection. It may be due to the similarity between logo or word with an existing one. It may be due to the emotions attached to any religion. These are few reasons which can create a Trademark objection. If you get any objection like this from another party, then you need to respond back within a month. You will get a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to terminate the application.

Trademark Objection will come when the trademark registry has logic to object the application and ask for an explanation on certain points. For the reason of preventing the trademark, you have to file the reply concerning the objection within the 30 days from the issue of the report. In reply, you have checked the list of reasons why your logo, slogan or brand name are distinguishing. It is just a verification which is needed by the Registrar.

Trademark Objection

Documents Required

for Trademark Registration

Brand logo is required

Examination report is required

Supporting documents required

Power of Attorney is required

Reason of Respond to a Trademark Objection

Benefits of the Trademark Objection

  • You have to file a reply to trademark objection to use your different mark.
  • It is mandatory to file a proper reply to trademark objection within the 30 days of issue of the report. If a reply has not been filed, the registry may have denied the trademark registration.
  • If you have replied with clear evidence and proper documents regarding the uniqueness of your trademark, your application has a great chance to be cleared.

Trademark Opposition Process

  • If you have filed your Trademark with us, we will instruct you that your trademark has been objected by the Registrar less than in a month from the publication of the Examination Report having the objection. If you are not a customer, then it's best for you to contact us within a month from the publication of the report.
  • We will put you in contact with our lawyers, who will understand your case and give the correct response and affidavit. Then the response will be acknowledged.
  • If the Registrar does not accept your initial response, then an interview is scheduled, where the arguments would need to be presented. If the government is satisfied with the response, the objection will be raised within 18 months.

Frequently Asked Questions (FAQs)

What is Trademark Class?
The Trademark Registry has classified into goods and services under 45 classes. Your application must mention the classes of goods and services. The trademark would be registered under those classes only.
What is the validity of the Trademark?
is valid for 10 years at a time after that it can be renewed.
When can TM use with the Trademark?
TM mark can be used with the trademark after the allocation of TMR number from the government.
Even after filing the Trademark objection reply, the status is still showing objected? What to do in this situation?
After filing the Trademark objection reply, it can take up to 7-8 months for the examiner to check the reply that is filed. The status will be changed only after the examiner's analysis.
Is there any Government fee to file the examination reply for it?
No there isn't any government fee to file the examination reply for it.
Is there any difference between Trademark Objection & Trademark Examination?
No, both are same.
Is there any time period to file a response to trademark objection?
Yes, you have to file the response within the 30 days from the issue of the report.
Why to file response to Trademark Objection?
If a legal response is not filed, the trademark registry may deny the applied trademark application.