Trademark Objection
Trademark Objection occurs when the trademark registrar raises concerns about a trademark application, often due to similarity with existing marks, lack of distinctiveness, or incorrect filing. A proper response can help overcome the objection and proceed with registration.
Trademark Objection Process – Easy My Tax
Registering a trademark is an important step to protect your brand. At Easy My Tax, we help you through every stage of trademark registration, including handling trademark objections, which is a common hurdle.
What is a Trademark Objection?
After filing your trademark application, the Trademark Office examines it. If they find issues, they may raise an objection. This is not a rejection, but a request for clarification or correction. If you respond properly, your application can move forward.
Reasons for Trademark Objection
Trademark objections are usually raised under Section 9 or Section 11 of the Trademarks Act, 1999.
Section 11 – Similarity with Existing Trademarks
- If the name you applied for is already registered by someone else.
- If your trademark sounds similar to an existing brand.
- If your brand name has a similar idea or meaning to another registered mark.
Section 9 – Lack of Uniqueness or Misleading Names
- If the trademark is too common or descriptive, like "TastyBread" for bread.
- If it doesn’t clearly identify your product or service as different.
- If the name or image used could mislead customers, for example, using "Organic" when the product isn’t organic.
Trademark Objection vs Trademark Opposition
Trademark objection is raised by the government examiner during the registration process.
Trademark opposition is raised by a third party after your trademark is published in the journal.
These are two different stages and must be handled differently.
When to Submit a Trademark Objection Reply
You must reply to the objection within 30 days of receiving the examination report. If you do not reply on time or the reply is not strong, your application may be rejected.
Documents Required for Reply
To support your response, you may need to submit:
- Invoices and sales bills
- Business cards and letterheads
- Website screenshots or social media pages
- Certificates like MSME or FSSAI
- Advertising materials
- Affidavit confirming usage of the brand
Trademark Objection Reply Fees
Fees can vary depending on the complexity of the objection and whether you use professional help. At Easy My Tax, we offer affordable pricing for objection replies and complete trademark services.
How to File a Trademark Objection Reply
- Read the examination report carefully and understand the reason for objection.
- Draft a detailed response addressing each point raised by the examiner.
- Attach supporting documents and evidence showing your brand is valid.
- Submit the reply online through the Trademark Office portal.
- If accepted, your application will move to the next stage (publication in the journal).
If your response is strong and the examiner is satisfied, the trademark will be accepted and published. If not, a hearing may be scheduled.
Why Choose Easy My Tax?
We handle the full trademark process including:
- Trademark search and filing
- Responding to objections
- Representing you in hearings (if required)
- Managing trademark oppositions
- Final registration
Our experts make the process smooth and easy, helping you protect your brand with confidence.
