Trademark Objection Reply

If your Trademark Is Objected by Trademark Office, the same needs to be replied with a proper Trademark Objection Reply within 30 days.

Once Trademark Application is filed before trademark registry in any of the trademark offices ie Mumbai, Chennai, Delhi, Ahmedabad, Kolkatta or Delhi. The appropriate trademark office shall examine your trademark application for primary objection or queries.

Who Examines Trademark Application?

Trademark Application is examined by qualified trademark officers who have in-depth knowledge of Trademark Act and Trademark Rules. These officers are trained to identify objection which can go undetected by untrained eyes or inexperienced attorneys or agents.

What does Trademark Objection Report states?

Examination Report generally carries objection under two Sections of Trademark Act, ie. Section 9 which state that if any trademark which doesn’t have any distinctive character or is descriptive in nature can be refused under the Act.

Section 9 is Absolute Ground for refusal, which simply means that if your trademark is objected under Section 9 of Trademark Act, chances of refusal is high during trademark hearing.

Second objection which is normally raised, is under Section 11, this provision is mild as compared to Section 9 and the same is evoked when your trademark is similar to any other existing trademark in official trademark database.

Section 11 of Trademark Act, is also called as Relative Ground of refusal.

Can Trademark be objected apart from Section 9 and Section 11 objections?

Yes, a trademark can be objected for various reasons such as word being generic, word is prohibited under any other law, word being laudatory, offensive etc.

Time to reply objection report

Once trademark objection report is received by you or your attorney, you are supposed to file an appropriate reply in 30 days of receipt of the notice.

Who can reply to trademark objection report?

Your attorney can file a proper legal reply to examination report. Reply can be filed through email or by posting a copy to trademark registry. In case you want us to file your objection reply you can contact us.

When to file a Tradmark Objection Reply?

A trademark which is under objection, needs to be replied in 30 days from receipt of trademark objection notice. In event if you fail to file reply in 30 days, your application may get abandoned.

We help in drafting a proper legal reply to the Trademark Registry, by studying the examination report initiated by trademark registry. We discuss the possible outcome of the objection with you, please note final call whether to accept a trademark or not shall be decided by trademark registry only after hearing.

Will my trademark be accepted by registry?

Filing a reply is no guarentee that trademark registry will accept your application, as the order is passed on merit basis looking all aspect for your trademark and the one listed in the examination report.

Where is trademark objection hearing is held?

Trademark Objection hearing is held before the trademark office in which you have filed the application. Before hearing is listed trademark registry shall send you/your attorney an official notice either by post or by email. Notice mentions date and time of the hearing. Please note details of hearing officer is not mentioned in the notice.

What documents are needed for objection hearing?

At the time of the trademark hearing you need to submit following documents.

• Trademark Examination Copy
• Authorisation Letter
• Trademark Reply Copy
• User Affidavit (Claiming user date)
• Evidence to prove continuous user of the trademark

You need to strictly upload the above documents before attending the hearing.

Can I request a new date for trademark objection hearing?

Yes, if due to any unforseen circumstances if you or your attorney is not able to attend the hearing. You can place an adjournment request by paying requisite Government Fees in advance.

Note: Adjournments can be filed a day before hearing only.