Your Trademark Is Objected – What Does It Mean?
If you have received a Trademark Examination Report stating that your trademark has been objected to, it can feel stressful. However, a trademark objection is not the end of the road.
In India, a large number of trademark applications face objections during examination, and many of them are later accepted and registered after a proper response.
A trademark objection simply means that the examiner needs clarification, justification, or legal reasoning before allowing the trademark.
What Is a Trademark Objection?
A trademark objection is raised by the Trademark Examiner under the Trade Marks Act, 1999 when they find potential issues in your application.
It generally occurs 1–4 months after filing and is communicated through the Examination Report.
Important:
A trademark objection is not a rejection. It is an opportunity to defend your trademark.
Common Reasons for Trademark Objection in India
1. Similarity with an Existing Trademark
An objection may be raised if your trademark is:
- Phonetically similar
- Visually similar
- Conceptually similar
to an existing registered or pending trademark.
Such objections are usually raised under Section 11.
2. Trademark Is Descriptive or Generic
If the trademark directly describes the goods or services, it may be objected to due to lack of distinctiveness.
Examples:
- Best Milk for dairy products
- Fast Delivery for logistics services
3. Incorrect Trademark Class
Selecting the wrong Nice Classification can lead to objections even if the trademark itself is unique.
4. Use of Common or Prohibited Terms
Use of the following may attract objections:
- Common surnames
- Geographical names
- Laudatory words (Super, Premium, No.1)
unless strong justification is provided.
What Should You Do After Receiving a Trademark Objection?
Step 1: Carefully Review the Examination Report
Identify:
- The exact section of law cited
- The examiner’s reasoning
- The deadline for response
Each objection requires a customized legal reply.
Step 2: File a Trademark Objection Reply
A proper reply should include:
- Legal arguments
- Supporting case laws
- Explanation of distinctiveness
- Evidence of prior use (if applicable)
A weak or generic reply may lead to rejection.
Step 3: Attend the Trademark Hearing (If Required)
In some cases, the Trademark Registry may schedule a show-cause hearing.
Professional representation significantly increases success chances.
Timeline to Respond to Trademark Objection
- You must file the reply within 30 days from the date of the Examination Report.
- Missing this deadline may result in abandonment of the application.
Tip:
Always respond well before the deadline to avoid technical issues.
Can a Trademark Be Registered After Objection?
Yes. Absolutely.
With a well-drafted response and proper legal strategy:
- Many trademarks are accepted
- Some proceed directly to advertisement
- Others may be approved after a hearing
An objection is a normal part of the trademark process.
Why Professional Help Matters
Trademark objections involve:
- Legal interpretation
- Prior trademark analysis
- Case law references
Filing an incorrect response can permanently damage your application.
Need Help Responding to a Trademark Objection?
If your trademark has been objected to, don’t panic.
Our experts can:
- Analyze the objection
- Draft a strong legal reply
- Represent you at hearings
- Improve chances of approval
Get expert help and protect your brand today.