Trademark Objection
Overcome trademark examination objections with expert legal responses, evidence submission, and hearing representation.
What is Trademark Objection?
Trademark objection occurs during the examination process when the Trademark Registry raises concerns about a trademark application. The examiner may object based on similarity with existing marks, descriptiveness, incomplete documentation, or non-compliance with trademark laws. A proper response is crucial for the application to proceed toward publication and registration.
Common Objection Grounds
- • Similarity: Resemblance to existing trademarks
- • Descriptiveness: Mark describes goods/services
- • Generic Terms: Common words in trade
- • Incomplete Documents: Missing required papers
- • Prohibited Marks: Deceptive or offensive marks
- • Absolute Grounds: Lack of distinctiveness
Response Timeline
- • Examination Report: Issued during examination
- • Response Period: 30 days from objection
- • Extension: Additional 30 days (with fee)
- • Maximum Time: 60 days total response time
- • Hearing: If written response insufficient
- • Final Decision: Accept or reject application
Types of Trademark Objections
🚫 Absolute Grounds for Refusal
Distinctiveness Issues:
- • Lack of distinctive character
- • Descriptive of goods/services
- • Generic or common terms
- • Customary language usage
- • Laudatory or promotional words
Prohibited Content:
- • Deceptive or misleading marks
- • Offensive or scandalous content
- • Religious sentiments violation
- • National emblems or flags
- • Chemical substances names
⚖️ Relative Grounds for Refusal
Similarity Conflicts:
- • Identical to earlier trademark
- • Confusingly similar marks
- • Same phonetic sound
- • Visual similarity concerns
- • Conceptual resemblance
Prior Rights:
- • Earlier filed applications
- • Well-known trademarks
- • Geographical indications
- • Copyright conflicts
- • Personality rights issues
📋 Procedural Objections
Documentation Issues:
- • Incomplete application form
- • Missing required documents
- • Incorrect fee payment
- • Poor quality trademark representation
- • Unclear goods/services description
Formal Requirements:
- • Incorrect applicant details
- • Missing power of attorney
- • Wrong classification of goods
- • Address verification issues
- • Signature discrepancies
Objection Response Process
1
📥 Receive Examination Report
Carefully analyze the examination report to understand specific objections raised by the examiner.
- • Review all objections mentioned
- • Understand legal grounds cited
- • Check conflicting trademarks cited
- • Note response deadline (30 days)
2
📝 Prepare Written Response
Draft a comprehensive written reply addressing each objection with legal arguments and evidence.
- • Address each objection point-by-point
- • Provide legal arguments and case laws
- • Submit evidence of trademark use
- • Clarify any misunderstandings
3
📄 Submit Supporting Evidence
Compile and submit relevant evidence to support your arguments and demonstrate trademark use.
- • Evidence of prior use and sales
- • Marketing and advertising materials
- • Customer testimonials
- • International registrations (if any)
4
⚖️ Attend Hearing (If Required)
If written response is insufficient, attend the hearing to present arguments before the examiner.
- • Prepare oral arguments
- • Bring additional evidence if needed
- • Professional legal representation
- • Address examiner's concerns directly
5
✅ Await Final Decision
Registry will review your response and decide to accept the application for publication or reject it.
- • Application accepted for publication
- • Additional objections raised
- • Application rejected (appeal possible)
- • Conditional acceptance with amendments
Key Arguments & Evidence
🎯 Strong Legal Arguments
- • Distinctiveness: Trademark has acquired distinctiveness through use
- • Co-existence: Cited marks can co-exist peacefully
- • Different Classes: Goods/services in different categories
- • Prior Rights: Earlier use in the market
- • Case Laws: Relevant judicial precedents
- • International Practice: Global registration acceptance
📊 Supporting Evidence
- • Sales Records: Invoices and financial statements
- • Marketing Materials: Advertisements, brochures, website
- • Media Coverage: Press releases, news articles
- • Customer Recognition: Testimonials, market surveys
- • Export Evidence: International sales documentation
- • Awards & Recognition: Industry awards, certifications
Success Strategies
Best Practices for Response
Response Quality:
- • Address every objection specifically
- • Use precise legal language
- • Provide comprehensive evidence
- • Maintain professional tone
- • Cite relevant case laws
Professional Approach:
- • Engage experienced trademark attorneys
- • Conduct thorough prior art search
- • Prepare multiple argument strategies
- • Gather strong supporting evidence
- • Ensure timely submission
Common Mistakes to Avoid
Response Errors:
- • Generic or template responses
- • Failing to address all objections
- • Weak or insufficient evidence
- • Missing response deadlines
- • Aggressive or confrontational tone
Strategic Mistakes:
- • Not seeking professional help
- • Ignoring similar trademark risks
- • Inadequate evidence compilation
- • Poor hearing preparation
- • Giving up too easily
Timeline & Costs
⏰ Response Timeline
- • Analysis & Strategy: 3-7 days
- • Evidence Collection: 7-15 days
- • Response Drafting: 5-10 days
- • Review & Filing: 2-5 days
- • Registry Processing: 2-6 months
- • Hearing (if required): 1-3 months
💰 Service Costs
- • Written Response: ₹15,000-₹50,000
- • Evidence Compilation: ₹5,000-₹20,000
- • Legal Research: ₹10,000-₹30,000
- • Hearing Representation: ₹20,000-₹75,000
- • Extension Fee: ₹5,000 (govt)
- • Total Cost: ₹25,000-₹1,50,000
Facing Trademark Objection?
Don't let objections stop your trademark registration. Get expert legal assistance to overcome examination hurdles.
30 Days
Response Time
85%+
Success Rate
₹25K+
Starting Cost
Objection Response
Expert Response
Legal Support