Trademark Objection
“Protect Your Brand, Overcome Trademark Objections with Ease.”
What is Trademark Objection?
A Trademark Objection is a response from the trademark examiner when there is an issue with your trademark application during the registration process. It is not a rejection but a notice that certain clarifications or changes are required before your trademark can proceed further.
Why Does a Trademark Get Objected?
#The common reasons include:
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Similarity with an existing mark – If your trademark looks or sounds like a registered one.
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Lack of distinctiveness – Generic or descriptive terms (e.g., “Fresh Milk” for dairy).
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Incorrect details – Mistakes in name, address, or trademark class.
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Improper documents – Missing Power of Attorney, ID proof, or business documents.
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Legal violations – Use of offensive, misleading, or restricted words.
Types of Trademark Objections
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Formal Objection – Due to incomplete application or missing documents.
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Substantive Objection – When the mark conflicts with law or existing marks.
Process After Objection
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Examination Report – Issued by the trademark examiner with objections listed.
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Reply Filing – Applicant must file a reply within 30 days of receiving the report.
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Review by Examiner – If the reply is satisfactory, the application moves forward.
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Hearing (if required) – If doubts remain, the examiner may schedule a personal hearing.
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Publication – If accepted, the trademark is advertised in the Trademark Journal.
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Registration – If no opposition arises, the trademark gets registered.
How to Reply to a Trademark Objection?
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Draft a clear and legally sound reply addressing each objection.
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Submit supporting documents (business proofs, prior usage, invoices, etc.).
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Take professional help from trademark experts or lawyers.
Documents Required for Trademark Objection Reply ?
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Power of Attorney (if filing through an agent/attorney)
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Examination Report copy
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Proof of trademark use (invoices, brochures, website screenshots, etc.)
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Affidavit of usage (if applicable)
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Applicant’s identity & business documents