Trademark Objection Process in India: Reply & Procedure

Introduction to Trademark Objection

Registering a trademark in India is a crucial step in securing your brand identity. The process begins with filing an application with the Indian Trademark Office, followed by examination, publication, and eventually, registration. However, between the examination and registration stage, you may encounter a trademark objection.

A trademark objection is not a rejection; it’s a formal request from the Trademark Examiner to clarify or modify your application. Think of it as an opportunity to strengthen your case before the mark proceeds further. Addressing objections promptly and accurately is essential to keep your application alive. If handled well, this stage can still lead to successful registration without starting from scratch.

What is a Trademark Objection?

A trademark objection, under Indian Trademark Law, is an official concern raised by the Trademark Examiner after reviewing your application. It is issued in the Examination Report, which is uploaded to the IP India portal.

This is an internal objection, meaning it is raised by the authorities themselves, not by a third party. (When a third party challenges a trademark after publication, that process is called “Trademark Opposition.)

Objections are usually made under Section 9 (Absolute Grounds) or Section 11 (Relative Grounds) of the Trademark Act, 1999. They could be due to the mark being too generic, similar to an existing one, or against the public interest. Knowing the exact grounds helps in preparing a focused and convincing reply.

Common Reasons for Trademark Objection

A) Section 9 – Absolute Grounds

These objections arise when the trademark itself fails to meet basic requirements:

• Lack of distinctiveness – The mark is too generic and doesn’t uniquely identify your goods or services.
• Descriptive or generic terms – Words that merely describe the product’s quality, type, or purpose.
• Offensive or deceptive marks – Content that could mislead the public or offend sentiments.
• Hurting religious sentiments – Marks that may be considered disrespectful to a religion or community.
• Similar to geographical names – Marks resembling place names, which could mislead about origin.

Example: Trying to register “Best Milk” for a dairy brand will likely face objection for being descriptive and non-distinctive.

B) Section 11 – Relative Grounds

These objections occur when the proposed trademark conflicts with an existing registered trademark:

• Similarity to existing marks – The name, logo, or style closely resembles an already registered trademark.
• Likelihood of confusion – The similarity could mislead customers into thinking the products are related.

Example: “Microma” could be objected to for being deceptively similar to “Micromax.”

Tip: Always conduct a trademark public search before filing your application to reduce the risk of objections.

How to Check If Your Trademark Has Been Objected?

You can verify trademark objections on the IP India website. Use the TMR Public Search tool to look up your application, or check your application status using the Service Request Number (SRN).

If there’s an objection, you’ll find an Examination Report linked to your application. Download it and review it carefully, as it outlines the exact grounds for objection and the time limit to reply.

Trademark Objection Reply Process – Step-by-Step

Step 1: Review the Examination Report Thoroughly
Read the report carefully to understand the exact reason for the objection. Identify whether it’s under Section 9, Section 11, or both.

Step 2: Draft a Proper Reply to Trademark Objection
Your reply should address each ground of objection logically, citing legal precedents, usage proof, and distinctiveness claims. Our team of experts can help you in drafting and filing your trademark reply with proper case laws.

Step 3: File the Reply on the Trademark Portal
Upload your response and supporting documents via the official trademark e-filing portal within the deadline.

Step 4: Hearing by the Examiner (If Required)
Sometimes, the Examiner may call for a hearing. Attend the hearing prepared with evidence, clarifications, and arguments. This is your chance to address any remaining doubts, or our team of advocates can attend for you 

Step 5: Outcome of the Reply
If accepted, your trademark proceeds to the Trademark Journal for publication. If the trademark registrar is not satisfied with the trademark reply, they can give you a hearing to present your case. If rejected, you can appeal the decision to the High Court (IPAB functions are now merged).

Timeline for Trademark Objection Reply

You have 30 days from receiving the Examination Report to submit your reply. Any delay beyond this period can result in the application being marked abandoned, meaning you’ll lose your filing date and priority.

Trademark Objection vs Trademark Opposition – Key Differences

Conclusion: Trademark objection is an internal review step, while opposition is a public challenge. Don’t confuse the two.

What Happens If You Don’t Respond to an Objection?

If you ignore an objection, your application is abandoned. You lose priority rights and must refile the trademark, which means extra time, cost, and risk of losing the name if someone else registers it.

If the objection was due to similarity, reapplying under the same name may not be possible. Always take professional help to respond correctly.

Can You Handle Trademark Objection Without a Lawyer?

Yes, you can file a reply yourself, but it’s not advisable. Trademark law is technical, and mistakes in drafting or argument can lead to rejection. Engaging experienced professionals like JustStart ensures higher chances of success.

Here's why we strongly recommend professional assistance.

• Complex Legal Language – Objections are often written in technical terms, citing specific sections of the Trademark Act, which can be difficult for non-lawyers to interpret correctly.
• Strategic Drafting Required – A successful reply must not only address the objection but also present strong legal reasoning and evidence that supports your case.
• Strict Deadlines – You have just 30 days to reply, and any delay can lead to abandonment of your application.
• Risk of Permanent Rejection – An inadequate or incorrect reply can result in losing your priority date and having to refile, potentially losing your brand name.
• Higher Success Rate with Experts – Professionals like JustStart have the experience to craft precise, well-supported replies that increase the chances of approval.

With expert guidance, you can avoid costly mistakes, save time, and move confidently toward securing your trademark registration.

How to Avoid Trademark Objections in the Future?

• Conduct a thorough public search before filing – Use the IP India public search tool to check if your proposed trademark is already registered or similar to an existing mark. This early step can help you avoid conflicts and save time in the application process.
• Avoid descriptive or common words that lack uniqueness – Trademarks that simply describe the goods or services (e.g., “Best Shoes” for footwear) are likely to face objections for lack of distinctiveness. Choose a creative, unique, and brandable name instead.
• Get a trademark clearance report from professionals – Experts can conduct an in-depth search beyond the public database, covering phonetic similarities, visual resemblance, and potential legal risks before you file.
• Build your brand identity before filing to establish distinctiveness – A trademark with prior use, market recognition, and evidence of brand promotion is harder to reject. Collect proof such as invoices, advertisements, and online presence before applying.
• File in the correct class and ensure usage claims are accurate – The Trademark Registry follows a class-based system. Filing under the wrong class or making incorrect usage claims can lead to objections or even rejection at later stages.

Conclusion

A trademark objection should be seen as a checkpoint, not a dead end. With a timely and well-drafted reply, your application can move smoothly toward registration. Protecting your brand is a long-term investment, and every procedural step matters. At JustStart, we understand that a trademark is more than just a logo or name; it’s the identity of your business. A trademark objection is not the end of your registration journey; it’s simply a step that requires the right expertise and timely action. Our team of experienced trademark professionals ensures that every reply is carefully drafted, supported with the right legal grounds, and filed within deadlines to maximise your chances of approval.

FAQs (Frequently Asked Questions)

Q1: Can I ignore a trademark objection if I don’t want the brand anymore?
Yes, but your application will be marked abandoned.

Q2: How long does it take for the Registrar to decide after filing a reply?
It can take a few months, depending on workload and hearings.

Q3: Can I change the trademark after receiving an objection?
Only minor modifications are allowed; major changes require refilling.

Q4: What’s the cost of filing a reply to a trademark objection?
It depends on whether you handle it yourself or through a professional.

Q5: What if I miss the 30-day deadline?
Your application is abandoned and must be refiled.

Q6: Do all trademark applications get objections?
Not all, but a significant number face at least one objection.

Q7: How do I track my reply status?
Check the IP India portal regularly under your application number.