What is Trademark Objection?

A Trademark Objection occurs when the Trademark Examiner raises concerns about your trademark application. The examiner may object based on various grounds such as similarity to existing marks, lack of distinctiveness, or descriptive nature of the mark.

Critical Deadline: You must file a reply within 30 days of receiving the examination report. Missing this deadline may result in abandonment of your application.

Common Reasons for Objection

Similar Existing Mark

Your trademark is similar or identical to an already registered or pending trademark.

Descriptive Mark

The mark merely describes the goods/services (e.g., "Best Quality Shoes").

Geographic Name

Mark contains geographic location that cannot be monopolized.

Personal Name

Using a common personal name without distinctiveness.

National Emblem

Using prohibited emblems, flags, or official signs.

Lack of Distinctiveness

Mark doesn't distinguish your goods/services from others.

Objection Reply Process

1

Analyze Examination Report

We study the objections raised and identify the best strategy.

2

Draft Response

Prepare detailed reply addressing each objection with legal arguments.

3

File Reply

Submit response within 30 days along with supporting documents.

4

Hearing (If Required)

Attend hearing if examiner is not satisfied with written reply.

5

Acceptance/Rejection

Trademark proceeds to publication if accepted.

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₹4,599

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  • Drafting and filing of TM objection
  • For trademark applications filed by third-parties
  • Fresh Form-48
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Prices shown are with 10% discount. Government fees are additional.

Frequently Asked Questions

What is the deadline to reply to objection?

You must file a reply within 30 days from the date of examination report. This deadline can be extended by one month by filing an extension application.

What happens if I don't reply to objection?

If you fail to respond within the deadline, your trademark application will be deemed abandoned and you'll need to file a fresh application with new fees.

Is hearing mandatory for all objections?

No, hearing is not always required. Many objections are resolved through a well-drafted written reply. Hearing is scheduled only when the examiner needs further clarification.