A trademark objection is a preliminary refusal issued by the trademark examiner during the application process if the proposed trademark does not meet legal requirements. Receiving a trademark objection from the Trademark Registry can be unsettling, but it doesn’t mean your trademark cannot be registered. At SolvLegal, we help businesses, startups, and individuals respond effectively to objections through a professionally drafted Trademark Objection Reply, also known as a Reply to Examination Report.

Our experienced trademark lawyers carefully review the examination report, analyze the legal grounds of objection, and craft a solid written response that increases the chances of your trademark being accepted and proceeding to registration.

How it works: 

【1】 Submit Your Objection Notice

Fill out our form with the TM number, class, nature of objection, and upload your examination report. We also collect supporting documents and trademark details.

【2】 Legal Review & Analysis

Our team will examine the Registrar’s objections and cited trademarks, performing additional searches to support your case.

【3】Drafting the Reply

We prepare a professionally structured legal response citing relevant case law, precedents, and statutory provisions to defend your mark.

【4】 Filing the Reply

Once finalized, the objection reply is submitted to the Trademark Registry on your behalf.

【5】 Post-Reply Monitoring & Hearing Support

If required, we assist with follow-up documentation or represent you at hearings before the Trademark Officer (optional service).

Common Grounds of Trademark Objection:

1. Lack of Distinctiveness: The mark is too generic, descriptive, or common to be registered.[Section 9(1)(a), (b), (c) of the Trademarks Act, 1999]
2. Similarity with Existing Trademarks: The mark is identical or deceptively similar to an earlier registered or pending mark.[Section 11 of the Act]
3. Incorrect Classification: The trademark has been filed under the wrong class of goods/services.
4. Non-Compliant Documentation or Procedural Issues: Missing information, errors in applicant details, improper description, etc.
5. Prohibited Marks: Marks that are offensive, misleading, or violate public policy.
6. Violation of Public Policy or Morality – Trademarks that go against ethical standards, national symbols, or public interest may face objections.
7. Use of Generic or Commonly Used Words – Terms widely used in the industry that do not uniquely identify the brand may not qualify for registration.
8. Failure to Prove Intent to Use – If the applicant fails to provide sufficient evidence of using or planning to use the trademark in commerce, it may be objected to.
9. Identical or Similar to a Well-Known Trademark – If the applied trademark is too similar to a well-known or globally recognized brand, it can be rejected to prevent unfair advantage or dilution of the original brand’s reputation.

Important Points:

Failing to file an objection reply within the deadline may result in abandonment of your application.

In complex objections, a hearing before the Trademark Officer may be necessary after the reply is submitted.

Filing a properly drafted reply at the first stage can often avoid unnecessary delays or refusals.

Why Choose SolvLegal?

 We combine deep trademark expertise with strategic precision to help you overcome objections effectively. Our expert team carefully craft persuasive, legally robust replies to increase your registration success rate. We provide comprehensive search support, ensure proper documentation, and guide you through hearings if needed — all while maintaining transparent pricing and timely updates. With SolvLegal, your trademark application stands stronger against scrutiny.

Note: Government fees, if applicable, are excluded from our professional charges and are payable at the time of filing. The exact cost may vary depending on the number of classes, applications, and type of applicant.

FAQs

1. What is a trademark objection?

A trademark objection is a preliminary refusal issued by the Trademark Examiner during the examination stage of a trademark application. It is not a rejection but a request for clarification or additional information before the trademark can proceed further.

2. Why did I receive a trademark objection?

You may receive a trademark objection due to reasons like similarity with existing trademarks, lack of distinctiveness, use of prohibited or deceptive terms, incorrect classification, or failure to comply with procedural requirements.

3. What are the common grounds for trademark objection?

Some common grounds include:

• Similarity to an already registered or pending trademark
• Descriptive or generic nature of the trademark
• Use of misleading, obscene, or prohibited words
• Lack of distinctive character
• Incorrect or incomplete application details

4. How will I know if there is an objection to my trademark?

Trademark objections are published in the Examination Report issued by the Trademark Registry. You can also check the status of your application online using the official IP India portal.

5. What should I do after receiving a trademark objection?

You need to file a written reply to the Examination Report, known as the Trademark Objection Reply, within 30 daysof receiving the objection. The reply must address each point raised by the Examiner with legal justification and supporting evidence if applicable.

6. What documents are required to reply to a trademark objection?

 Key documents include:

1. Reply to Examination Report
2. Affidavit of prior use (if applicable)
3. Supporting evidence (invoices, packaging, website screenshots, advertisements, etc.)
4. Power of Attorney (if filed by an agent/attorney)

7. What happens after I file the reply?

The Examiner will review your reply. If satisfied, the trademark will proceed to publication in the Trademark Journal. If not, a Show Cause Hearing may be scheduled where you must present your case in person or through your attorney.

8. What if the objection is not successfully resolved?

If the reply or hearing fails to satisfy the Examiner, your trademark application may be rejected. However, you can appeal the decision before the Intellectual Property Appellate Board (IPAB) or refile the trademark with necessary modifications.

9. Can I still use the trademark during the objection process?

Yes, you can use the trademark, but without registration, you may not get full legal protection in case of infringement or misuse by others.

10. Do I need a lawyer to respond to a trademark objection?

While not legally required, having a trademark attorney greatly improves your chances of a successful response. They can draft a strong reply backed by legal grounds and help represent you in hearings if needed.