Legal Darbar provides you the best trademark objection service, which is a first rejection given by the trademark examiner as part of the application review process. It occurs when the examiner discovers problems with the application, such as similarity to existing trademarks, a lack of uniqueness, misleading marks, or violations of the Trademark Act. The applicant receives an examination report that includes the objections and must react within 30 days with a sufficient rationale, revisions, or supporting proof. Failure to answer or provide a satisfactory explanation may result in the rejection of the application. Addressing objections quickly and efficiently is critical to obtaining trademark registration. legaldarbar.com
Types of trademark objection Legal Darbar includes:
1. Objection Under Certain Grounds:
- These objections are raised when a trademark lacks uniqueness or directly characterizes the goods/services.
- Examples include generic names, such as “milk” for dairy goods.
- Decorative markers (such as “Sweet Biscuits” for cookies).
- Marks that are misleading or deceptive may confuse the public.
- Religiously harmful trademarks, offensive or vulgar trademarks.
2. Objection Under Relative Grounds: These objections arise when a trademark is similar or identical to an already registered trademark, resulting in confusion or fraud. Examples include similarity to an existing mark (e.g., “PepsiCo” vs. “PepsyCo”). Consumers are likely to be confused.
3. Procedural objections: These occur because of errors Issues in the application process include incorrect classification of goods/services
Incorrect or incomplete applicant information is incorrectly filed Power of Authority
4. Objection Due to Incorrect Use of Trademarks: If the trademark includes government logos, national symbols, or restricted names without consent, the names of living or recently dead people are disclosed.
5. Third-Party Opposition: Competitors or third parties may file an opposition within four months of the trademark’s publication in the journal.
Common grounds include prior use, bad faith, or closeness to an existing trademark. legaldarbar.com
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Legal Darbar gives the best advantages for trademark objection:
1. Chance to Make Your Trademark Stronger:
When there is an objection, you have an opportunity to present more evidence and arguments to establish the uniqueness of your trademark. This process refines and makes your brand’s legal position stronger.
2. Prevents Future Legal Conflicts:
A trademark objection prevents your mark from infringing on other trademarks. By resolving objections in advance, you minimize the chances of future litigation or cancellation.
3. Enhances Brand Reputation:
Overcoming an objection successfully indicates that your trademark is distinctive and valid. A legally respected trademark brings value and credibility to your company.
4. Sparing Time and Resources in the Long Term:
Handling objections early averts complications later on, including opposition proceedings or infringement actions. It spares future expensive legal battles.
5. Improved Market Positioning:
An unopposed and registered trademark provides exclusive rights, so your brand is more competitive within the market. It serves to assist in establishing brand recognition and trust.
legaldarbar.com Purpose of trademark objection:
1. Facilitating Legal Compliance:
The objection is to ensure that the used trademark complies with the Trade Marks Act, 1999 (in India) or corresponding legislation in other jurisdictions.
2. Avoiding confusion:
If a trademark is identical or similar to a registered trademark, then it helps in preventing confusion in the minds of consumers.
3. Protecting Public Interests:
Where a trademark is obscene, misdescriptive, or contrary to public policy, it may be opposed in order to prevent such deceptive or objectionable registrations.
4. Shunning Generic or Descriptive Marks:
Over-descriptive, generic, or non-distinctive marks are likely to be resisted since they do not specifically point to a brand.
5. Promoting Fair Competition:
Protects businesses from unfairly monopolizing generic names, geographical names, or common symbols.
What Happens After a Trademark Objection at legaldarbar.com?
1. Exam Report Issued: The Trademark Registrar reviews your application and, if any difficulties occur, provides an Examination Report summarizing objections under Sections 9 and 11 of the Trademark Act.
2. Filing a Response to the Objection: You must respond within thirty days of obtaining the Examination Report. Your response should include:
Legal reasons that counter the objections
Supporting evidence (e.g., earlier use, distinctness)
Affidavits and papers that demonstrate usage
3. Hearing : If the response is not satisfactory, the registrar may call a hearing where you can give additional points. If you do not attend, your application may be abandoned.
4. Acceptance or refusal: If the Registrar is convinced, the application will be advertised in the Trademark Journal for public opposition. If you are not satisfied, your trademark application will be rejected; however, you can file an appeal with the Intellectual Property Appellate Board (IPAB) or the High Court.
5. Opposition Stage: Third parties have four months from the date of journal publication to appeal the registration. If no opposition is filed, the trademark is registered.
Documents required for trademark objection:
• The Trademark Examination Report-—It is the official notice of objection issued by the Trademark Registrar.
• Power of Agent (POA)—When a lawyer or agency files the response on your behalf.
• Respond to Trademark Objection – A well-written legal answer that addresses the arguments raised.
• Proof of use: It can include invoices, sales bills, adverts, advertisements, screenshots of websites, social media campaigns, and so forth.
• Affidavit of Usage – A certified document that confirms the use of the trademark.
• Brand Logo and Packaging – If useful, to highlight the brand identity.
• Any further legal proof—if applicable, to enhance the response to the objection.
• Supporting Documents—To prove the distinctiveness and prior usage of your trademark.
• Company Incorporation Certificate (for companies) or GST Certificate (for businesses).
FAQs for Trademark objection?
The trademark objection step in India ensures legal compliance, prevents conflicts, and protects uniqueness before granting exclusive trademark rights.
If you get a Trademark Objection, you must respond within 30 days else, the application may be withdrawn.
The trademark register issues an examination report that includes the objection, which can be viewed online on the trademark registry website or obtained by an official notice.
The examiner makes a trademark objection during the review process, whereas third parties file a trademark opposition after the journal has been published.
To avoid application separation, a trademark objection reply must be provided within 30 days of the examination report’s release.
To avoid application separation, a trademark objection reply must be provided within 30 days of the examination report’s release.
Yes, a trademark application may be denied for similarity, lack of distinctiveness, misleading nature, offensive content, or insufficient paperwork.
Yes, a trademark application may be denied for similarity, lack of uniqueness, misleading nature, offensive content, or insufficient paperwork.
The schedule varies, but it often takes 6 to 12 months, depending on the workload and the complexity of the case.
While you can respond on your own, employing a trademark lawyer provides a legally solid response, which increases the likelihood of approval.
Legal Darbar assists in trademark objections by drafting responses, providing legal advice, filing necessary documents, and representing clients before authorities to secure trademark approval.