What is Trademark Objection?

A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.

But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month, that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.

Rietway Consultants Trademark Objection Package

The Services which are included in our package are as Follows:
✅ Consultation
✅ Objection Drafting
✅Objection Filing
✅Paying Government Fees

Trademark Objection Filing Procedure

Step -1 Arrange all Required Documents: The first step is to arrange all the documents and send the same over the email / WhatsApp to us. Once all the Documents are Received, we will Start the Further Process.
Step - 2: Preparation of Documents: The Next Step is Preparation of Documents to be Submitted at Department.
Step - 3: Filling of Objection: The next Step is Filling of Objection Reply.

Why Need to Reply to Trademark Objection?

Always be well prepared before you receive any trademark objection from the department. You should have appropriate proofs which will prove that your trademark does not have anything to do with the existing word or logo of another person.

It provides your brand a unique identity as trademark represents your company which helps you to stand out among others.

It will provide your brand a special protection.

Reasons for Trademark Objections

Upon receipt of the application, the trademark examiner scrutinizes the application for its correctness. Objections can be received for the following reasons:

Incorrect Form
If the applicant applies for trademark registration by filing the wrong form, the examiner can object.

Incorrect Applicant Name
Examiner double-checks for the correctness of the applicant’s name; the name must be similar to what is provided in PAN. Hence, it is advisable to cross-check the spelling of the name double.

Usage Of Deceptive Words
If trademark name or logo used is deceptive in nature or usage of any misleading term that gives a false description about the product shall be rejected.

Offensive Terms
Trademark shall not use any offensive term which can lead to the rejection of the trademark Insufficient Information On Goods Or Services.
When the trademark application failed to mention necessary information, in brief, the trademark examiner may reject the application based on such grounds.

Identical Logo Already Registered
If the proposed trademark is similar or identical with the already registered logo, the examiner shall raise the objection stating the reason it can create confusion.

FAQ on Trademark Objection

Q1. How to Know when there is an Objection Received?
An applicant can keep track of status online through the official website of intellectual property through which a trademark registration application was filed. Status can be tracked at http://www.ipindia.nic.in/ using a reference number generated at the time of applying for a trademark.

Q2. What is the Time Limit to File Reply to Objection?
A reply to the objection has to be filed before the registrar within one month from the date of receipt of the examination report.

Q3. Can a Reply to objection be Filed after the Prescribed Time Limit?
When a reply is not filed within one month from the publishing of examination report then the application will be considered abandon and no further filing of reply will be allowed.