Doc Summary
Overview
A Trademark Objection is raised by the Trademark Examiner during the verification stage of a trademark application. It indicates that the mark needs clarification or additional justification before proceeding to publication or registration. Filing a proper Trademark Objection Reply within the prescribed time is crucial to avoid rejection of the application.
An objection does not mean rejection—it is an opportunity to explain and prove the distinctiveness and validity of the trademark.
Eligibility / Who Should File
- Applicants who have received an objection notice under Section 9 or Section 11 of the Trade Marks Act, 1999
- Individuals, startups, and businesses whose trademark applications are under examination
- Authorized representatives handling trademark filings on behalf of brand owners
Step-by-Step Process
- Examine the Objection: Download and review the Examination Report from the IP India portal
- Draft Response: Prepare a detailed written reply addressing the grounds of objection
- Attach Supporting Evidence: Include proof of trademark usage, invoices, advertisements, or brand presence
- Submit Reply Online: File the objection reply on the IP India portal within 30 days from the date of notice
- Hearing (if required): Attend a hearing before the Trademark Examiner for final clarification
- Acceptance or Refusal: If satisfied, the Examiner accepts the reply and the mark proceeds for publication
Documents Required
- Copy of Examination Report or Objection Notice
- Trademark Application details (TM number)
- Proof of prior usage (invoices, website screenshots, advertisements, etc.)
- Affidavit supporting use and distinctiveness of the mark
- Authorization letter (if filed through a representative)
Timeline
A reply to the objection must be filed within 30 days from the date of issuance of the Examination Report.
Delay beyond this period may lead to abandonment of the application.
Post-Submission Requirements
- Monitor the trademark status on the IP India portal regularly
- Attend any hearing scheduled by the Examiner
- Respond promptly to any further clarification or request for documents
- Proceed with publication once the reply is accepted
Penalties for Non-Compliance
- Failure to respond within the due period results in abandonment of the trademark application
- Filing an incomplete or weak reply may cause permanent refusal of registration
Kanoons Service
Kanoons Law & Tax Consultants Pvt. Ltd. provides expert assistance in Trademark Objection Reply drafting and submission to ensure smooth progress of your application.
Our services include:
- Review and analysis of the Examination Report
- Preparation of a strong and legally sound objection reply
- Attachment of supporting evidence and user affidavit
- Online submission and follow-up with the Trademark Registry
- Assistance during hearings and clarification stages
Kanoons ensures that your trademark application moves forward efficiently and is protected from rejection due to procedural lapses.
Why Choose Kanoons
- Accurate drafting tailored to each objection
- Timely filing with status tracking and updates
- Comprehensive handling from reply submission to acceptance
- Transparent pricing with full documentation support
- Trusted by startups and brands for end-to-end trademark management
