Trademark Objection

Trademark Objection is the second stage of Trademark Registration Process. All the Trademark applications will be examined by the Registrar of Trademarks.

After examination of trademark application, the registrar will decide whether the application can be accepted or not. If nor accepted, the registrar will mark the application as objected with specific reasons. The examination report will be communicated to applicant / trademark agent for submitting  a reply to the examination report.

The applicant has to file reply within 30 days from the examination report.

Trademark Examination Report

Trademark examination report shall contain the reason for objection. The applicant is required to filed his reply in 30 days from the examination report. Generally, this examination report will be communicated to the trademark agent for action.

Thereafter, the applicant will be directed to file a reply to trademark objection with in 30 days of examination report. If the reply to trademark examination report found satisfactory, the Registrar shall proceed to accept the application and will advertise the same on Trademark Journal.

Reasons for Objections

The following are the major reasons marking the application as objected by the Registrar if Trademark:

• If the trademark does not have distinctive character or not capable of distinguishing the goods or services.
• If  trademark applied for registration is similar to the marks already registered / applied.

Process For Filing The Trademark Objection Response

When the registrar is of the opinion that the application is liable for objection then the status of the application is changed to OBJECTED. A copy of examination report will be communicated to the trademark agent mentioning the reason for the objection and the applicant has to file reply to the same within 30 days of the objection.

The following are the steps to file a response in the event of a trademark objection:

1. Analyse the examination report

First step is to analyse the examination report and to determine the reason for the objection raised.

2. Draft reply to objection

Next step is to prepare an objection reply mentioning proper answer to the objection raised with supporting rule of law and judgments supporting the case, along  with other supporting documents and evidence that validates the response.

3. Timelines for reply to Examination Report

The reply to Examination Report has to filed within 30 days of the examination report with supporting documents. Also, the reply to trademark examination report should be drafted with legal expertise referring decided cases on similar matters and judgements by Tribunals / Courts / International references.

4. Extension of Time To File Objection Reply:

In case the reply is not filed within 30 days of report, the application will be declared as abandoned. Applicant can request the registrar to extend the time limit of 30 days by filing application TM-M electronically through the trademark agent with valid reason for the delay in filing the reply. If the reply to examination report is to be filed through a different trademark agent, a fresh Power of Attorney is also required.

Applicant can file application for extension of time for filing reply in Form TM-M with requisite Fee (₹900.00).

Consequences of non-filing of Reply

Timely filing of reply to trademark objection is a crucial step of Trademark Registration Process. If the reply to  examination report is not filed with in 30 days of notice / or by the extended time, the Trademark application shall be marked as abandoned by the Trademark Registry.

In case the application has been marked as abandoned, the applicant has to file a fresh application for the Trademark.