Trademark Objection Response
Reply to Trademark Objection is the process of submitting a written response to the Trademark Registry when an objection is raised against an application during examination. Filing a proper reply with supporting documents ensures the application moves forward toward successful registration.
Types of Trademark Objections
Trademark objections may arise due to various reasons, and they can be classified as follows
Similarity with Existing Marks
Raised if the proposed trademark resembles an already registered or applied mark.
Lack of Distinctiveness
If the mark is too generic, descriptive, or common to be registered.
Incorrect Application Details
Errors in applicant name, address, or class selection can invite objections.
Usage of Prohibited Terms/Emblems
If the trademark contains restricted or offensive words, symbols, or emblems.
Failure to File Supporting Documents
Objection due to missing documents like Power of Attorney, user affidavit, etc.
Wrong Classification of Goods/Services
Objection raised if the trademark is filed under an incorrect class category.
Why Reply to Objection is Important?
Prevents Application Rejection
Ensures the trademark application continues in the registration process.
Protects Brand Identity
Helps secure exclusive rights to the brand name, logo, or tagline.
Strengthens Legal Claim
A strong reply builds a solid case for ownership.
Saves Time & Costs
Timely response avoids cancellation and the need to file a new application.
FAQs
What is the time limit to reply to a trademark objection?
A reply must be filed within 30 days from the date of receiving the objection notice.
What happens if I don’t reply to an objection?
The application will be marked as abandoned and you lose priority rights.
Can I reply to an objection online?
Yes, replies can be filed online through the IP India portal with supporting documents.
What documents are needed to reply?
Affidavit of use, evidence of business operations, brand advertisements, and legal arguments are usually required.
Can I handle a trademark objection reply without professional help?
While possible, professional assistance is recommended to avoid legal errors and improve chances of acceptance.