Trademark Objection Online - Process, Documents, Benefits, Cost

What is a Trademark Objection?

An objection to the trademark is an official notice issued by the Trademark Registrar in case where an application fails to satisfy the legal or procedural criteria.

A Trademark objection is filed during the first examination stage, unlike a trademark opposition, which is filed by a third party after your application is published.

The intention of an objection is to bring into focus matters that require explanation, correction or justification before your trademark can proceed further to publication and final registration.

Types of Trademark Objections in India

Under Section 9 (Objection on Absolute Grounds) and Section 11 (Objection on Relative Grounds) of the Trade Marks Act, 1999, the Registrar has the power to object to a trademark. The most common reasons are:

Incorrect or Incomplete Details (Procedural Objections)

• Mistakes in the name, address, or business information of the applicant.
• The inability to choose the appropriate trademark class of goods or services. This renders the application legally weak.

Descriptive or Generic Marks

• Trademarks describing merely the product or service like Tasty Biscuits in reference to biscuits are not unique.
• Exclusive rights cannot be granted on generic names which must be used by everyone in the industry.

Similarity with Existing Marks

• A proposed mark that is too similar visually, phonetically, sound alike, or conceptually, meaning wise to another registered or pending trademark can create confusion in the public.
• An application of the name Starbucks is likely to be refused due to the similarity with the existing mark Starbucks.

Prohibited or Offensive Words

• The restricted words such as “Government, National, or names and symbols,” related to religion, state, or social institutions should be used.
• Offensive, misleading, or immoral words or pictures are prohibited.

Improper or Missing Documents (Procedural Objections)

• Failure to file a Power of Attorney (Form TM-48) when filing the application with the help of an agent or attorney.
• The inability to submit an user affidavit along with evidence indicating previous use of the trademark prior to submitting the application.

Trademark Objection Process in India

Examination of Application

The Registrar examines the application and investigates the errors, discrepancies with other existing marks or legal matters.

Examination Report Issued

• In the event of any issue being detected, an Examination Report is issued by the Registrar.
• The report is either submitted to the applicant or agent or posted on the official Trademark Registry site.

Reply to Trademark Objection

• A written reply must be duly filed by the applicant within 30 days of the date of the report.
• This response must be a clear explanation as to why the trademark should be registered, based on legal grounds, documents, and proof of use, in case of prior usage.

Show-Cause Hearing (if required)

• A personal hearing is scheduled in case the Registrar considers the reply inadequate.
• The applicant or their trademark attorney or agent should be present and present effective arguments with supporting documents.

Decision by Registrar

• When the Registrar is satisfied, the trademark is accepted and published in the Trademark Journal.
• Otherwise, the application is refused or rejected. Nevertheless, the applicant has the option to challenge the ruling to superior authorities.

How to File a Trademark Objection Reply using LegalFidelity (Step-by-Step Process)

Step 1: Consultation & Review

LegalFidelity reviews your notice to prepare an initial report on objections raised by the registrar and how to handle them.

Step 2: Collecting Supporting Documents

We will help to gather all the necessary documents: POA Form TM-48, user affidavit in case of previous use, and the evidence invoices, advertisements, Internet or social media evidence.

Step 3: Drafting a Strong Reply

LegalFidelity trademark specialists draft a legally valid and persuasive answer to each point made by the Registrar. Response is tailored to improve your application and improve the possibility of being approved.

Step 4: Filing the Reply Online

After preparing the response we submit it to the Trademark Department along with supporting documents and make sure all the requirements related to the process are met.

Step 5: Follow-up & Representation

After the reply is filed, LegalFidelity will follow up the application process, update you, and should there be a hearing scheduled, our professionals will argue on your behalf to the Registrar until the case is determined.

Documents Required to File a Trademark Objection Reply

Power of Attorney (Form TM-48)

Authorizes your trademark agent or attorney such as LegalFidelity to represent you before the Registrar.

User Affidavit

You should also submit a notarized affidavit with evidence to prove your claim when asserting that you have used the mark earlier and the evidence that can be provided to prove the claim can be sales record, advertisement or even promotional material.

Proof of Trademark Usage

Documents of a use of the mark on the market, such as Bills and invoices, labels and packaging of the products, Newspaper or Web pages and certificates of domain name and Social media campaigns or advertisements.

Examination Report Copy

An objection formally made by the Registrar of Trademarks.

Trademark Application Copy

Application copy including information like class, description of goods/services and details of the applicant.

Authorization Letter (if applicable)

This is mandatory when an employee or representative of a firm is submitting on behalf of the applicant.

Timeline to Respond to Trademark Objection

You should submit your response to the Examination Report within 30 days of receiving the same. Under the Trade Marks Act, 1999, this is a strict deadline.

Any failure to act within the time allocated will lead to the abandonment of your trademark application.

When the Registrar is not entirely convinced with the response, a trademark hearing might be scheduled. It typically occurs within 2 to 6 months depending on the workload of the Trademark Registry.

In case the Registrar is satisfied with the response and/or submissions presented during the hearing the application is approved and posted on the Trademark Journal to allow opposition by the other parties. Otherwise, there is rejection of the application.

Cost of Trademark Objection Reply in India

The fees to respond to a trademark objection in India are not standardized, they can vary depending on the details of the objection, the volume of evidence needed, and the involvement of a professional trademark expert.

By using LegalFidelity experts, you would have a reply that is legally sound, properly written, and supported with the necessary evidence that would greatly reduce the chances of prevailing against the objection and allow you to obtain the trademark.

Trademark Objection vs. Opposition Vs Infringement

Aspect	Trademark Objection	Trademark Opposition	Trademark Infringement
When it occurs	At the time of examination by the Registrar	At the time the trademark is published in the Trademark Journal	At the time the trademark was registered.
Who raises it	Trademark Examiner	Third party (any person)	Trademark owner
Purpose	To disclose or rectify problems in the application	To oppose a pending registration of a trademark.	To prevent unauthorized or illegal use of a registered mark.
Outcome	Applicant must answer to continue with the process	The registrar will either grant registration or repudiate the mark.	by means of legal action in court.

Consequences of Not Responding to a Trademark Objection

Failure to respond within 30 days of receiving the Trademark Objection leads to:

• Application Abandonment : According to Trade Marks Act, 1999, the Registrar records the application as abandoned when no response is made within the legal time period.
• Loss of Priority Rights : The loss of your original filing date, thereby weakening your rights against the later applicants of a similar mark.
• Risk of Brand Misuse : In absence of registration, other businesses or competitors could use a similar name or logo which would cause confusion of the market and potential disputes.
• Extra Costs & Delays : You will have to repeat the whole procedure by submitting a new application, paying new government fees and it will take you even more time to get your brand registered again.
• Limited Legal Protection : The rights of your brand are not strongly established until the registration of the mark and it is more difficult to protect your brand by the trademark law in case of infringement.

Conclusion

A Trademark Objection is not a rejection. It can be sorted out smoothly with proper documents, good reasoning, and a timely response. Our experts at LegalFidelity make sure your response is adequately prepared, legally effective and more likely to get the objection removed.