Logo Objection
- Art Teacher
- London, UK
- 5-7 Hrs
Facing a logo objection during trademark registration can be frustrating, but it’s a common part of the process. A logo objection occurs when the Trademark Examiner finds issues with your application—such as similarity to an existing mark, lack of distinctiveness, or incorrect classification. It doesn’t mean your logo is rejected; rather, it’s a legal query that needs clarification or defense. Many businesses panic at this stage, but with a well-drafted reply, most objections can be successfully resolved. Understanding the reason behind the objection is key—it could be based on legal grounds under Section 9 (descriptive or generic) or Section 11 (similarity to existing marks). Responding within the stipulated time, usually 30 days, is crucial to keep your application active. Ignoring an objection can lead to abandonment of your trademark rights. That’s why it’s essential to seek professional help to draft a strong reply supported by evidence, legal references, and brand usage. Successfully overcoming a logo objection not only protects your brand but also strengthens your legal standing. In the journey of brand building, logo objection is just a hurdle—not a dead end.
- Examination Report – issued by the Trademark Registry
- Power of Attorney (Form TM-48) – if reply is filed through an agent or attorney
- User Affidavit – if the logo is already in commercial use
- Proof of Usage – invoices, website screenshots, advertisements, packaging, etc.
- Reply to Examination Report – legally drafted response with arguments
- Supporting Legal Precedents – optional but helpful in complex objections
- Company Registration Certificate / MSME / GST – for business proof
- Authorization letter – if applicable
- Trademark Examiner issues objection in the Examination Report
- Review the grounds of objection under Section 9 (descriptive) or Section 11 (similar mark)
- Draft and file a reply to the objection within 30 days via the IP India portal
- Submit supporting documents proving distinctiveness or prior use
- Attend a show-cause hearing, if called by the Trademark Registry
- Decision by Registrar – may accept, reject, or require modifications
- If accepted, the logo proceeds to publication in the Trademark Journal
- If rejected, you may file an appeal before the IPAB
FAQs
Yes, if an objection is raised, you may modify the logo and file a new application, as significant changes to a trademark require a fresh application rather than just amending the existing one.
You can continue to use the logo and the ™ symbol while the objection is being processed; the objection does not bar use, though registration rights aren’t secured yet.
Strong evidence includes proof that the mark has acquired distinctiveness or secondary meaning—such as sales data, advertising materials, media coverage, consumer surveys, and documentation of long-term use.
Yes, you can reference prior registered trademarks, especially if you can show honest and concurrent use, or obtain consent from the prior owner; evidence of prior registrations helps if marks aren’t confusingly similar.
Yes, use of a logo on social media platforms is accepted as prior use evidence, especially when supported with dated posts/screenshots, as it helps prove commercial and public use of the mark.