Trademark Objection

So, you’ve finally filed your trademark application—exciting, right? But then you receive an email or notice with the words “Trademark Objection” staring back at you. Don’t panic—it’s more common than you think. A trademark objection is an initial refusal by the trademark examiner, usually due to legal or technical issues with your application. It doesn’t mean your mark is rejected forever—it just means you need to respond and clarify or defend your case. Common reasons include similarity to existing trademarks, lack of distinctiveness, or incorrect descriptions. This stage is critical because how you respond can make or break your application. You typically have 30 days to file a reply, so timing and accuracy are everything. Whether you’re a startup or a growing brand, understanding objections is key to successfully securing your trademark.

Documents required
Objection Response Process
  1. Power of Attorney – If replying through a trademark attorney or agent
  2. Authorization Letter – From the applicant, if applicable
  3. Affidavit of Use – If the objection is about non-use or prior use
  4. Supporting Evidence – Invoices, packaging, website screenshots, advertisements, etc. showing trademark use
  5. Trademark Examination Report – Copy of the objection issued by the registry
  6. Reply Draft – Well-reasoned legal response addressing the examiner's objections
  1. Receive Examination Report – Trademark registry issues an objection with reasons under Section 9 (descriptive) or Section 11 (confusingly similar).
  2. Analyze the Objection – Understand the legal grounds cited by the examiner.
  3. Prepare & File Reply – Submit a legally sound reply with evidence and arguments within 30 days of receiving the objection.
  4. Hearing (if required) – If the examiner is not satisfied with the reply, a hearing is scheduled.
  5. Acceptance or Refusal – Based on your response and/or hearing, the mark is either accepted for publication or refused.
  6. Appeal (if refused) – You can appeal the decision before the IP Appellate Board or appropriate authority.

FAQs

A trademark objection is a concern or query raised by the examiner during the initial review of the application—it's not a denial, just a hurdle in the process. A rejection is a final refusal after a failed response to the objection or a hearing.

Yes, you must reply to a trademark objection within 30 days. Ignoring it will result in your application being marked as “abandoned”.

Even after clearing an objection, once the trademark is published in the journal, any third party may file an opposition within the statutory period (usually three to four months).

Only minor changes are allowed—like correcting classification errors or addressing vague descriptions. You cannot change the core elements (name, logo, word) of the mark, as it would constitute a new application.

If you miss the 30-day window, your trademark application is marked as “abandoned.” In rare cases, you might appeal for revival, but this requires a strong explanation and is at the discretion of the Registrar.

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