Trademark Objection

Trademark Objection

Author :- Keerti Singh


Mistakes are bound to be faced, but not because we are incapable of doing something but because we have the audacity to learn more, but each mistake parts us by showering consequences. When a mistake is made in an application for ‘Trademark’, or something does not adds up as rightly performed during the procedure, what the applicant receive is called a ‘Trademark Objection’. Technically, during the process of trademark registration if there is any violation of rules and laws, which had to be followed, the Trademark Registrar raises an objection, other than that, if the trademark is found similar to any existing trademark or is offensive to a particular community or section of a society, it could cause objection, if done so, a inclusive prompt reply is required to be filled within a month, from the date of issuance of the objection.

Why send in an Objection Reply?

The biggest mistake one could make is to not accept that a mistake was made; the following reasons elucidate the importance of a speedy response to an objection:

  • Responding to an objection, could save the existing trademark from being derelict or discarded, if the required changes have been made.
  • What could be done using a short path, does not require taking a long one, instead of filing a new application with a new trademark, it is easier to take a chance to rectify the mistakes.
  • Sending in a response, stating the exclusivity and characteristics of the mark, could not only suffice to disbar an objection, but can also help speed up the process of registration.

Course of filing an Objection Reply:

Once, the importance of replying to an objection is clarified, it is vital to know the accurate mode of doing the same. Following steps are the guiding map for filing it in the right manner-

  1. To avoid doing what had been done in the first place, it is necessary to analyze and study the objection carefully, as any vagueness in understanding the objection could result in filing of erroneous Trademark Objection Response.
  2. After receiving a basic idea about why the trademark was objected, the next step involves drafting the objection response, which has to be done by including the following things:
  3. An appropriate ground with supporting case laws, precedents and judgments, in favour of your case.
  4. If the objection has been raised due to similarity with some other existing mark, the heterogeneity between the two have to be stated.
  5. Any other documents or evidence that authenticates the point you are trying to put in.
  6. This step occurs when the response is not accepted and additional clarifications need to be made by the Trademark Examiner, and thus, a Trademark Hearing is scheduled and is notified by serving a notice to the applicant.
  7. If the outcome of trademark hearing is negative, a Refusal Order will be passed stating the reasons of rejection, providing 30 days from the date of the Refusal Order to file a review petition, mentioning the grounds of it. Otherwise, if the outcome is positive, the trademark is ordered to be published in the Trademark Journal with due acceptance needed. 
  8. After the publication, if no third-party opposes the trademark, within the scrutiny period of four months, then it will proceed towards registration and will receive the registration certification.

Basis of a Trademark Objection:

The mentioned points discuss about the possible reasons which could cause the rise of such a situation:


Things that set us back, could also be the reason of us coming back with an improvement, the choice depends on how we take it. Trademark Objection, could be a hindrance that could stop your company from receiving its individual inimitable identity or if taken with a pinch of positivity, could grant improvement and advancement to your trademark, making it more worthy than the previous one.

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