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Trademark Objection Filing

Trademark Objection Filing is the legal process of responding to an objection raised by the Trademark Examiner under the Trade Marks Act, 1999. An objection is usually issued in the Examination Report due to similarity with existing marks, incorrect documentation, or legal grounds. Filing a proper and well-drafted reply increases the chances of approval and helps move the application towards registration.

Why Trademark Objection Reply is Important?
  • Prevents rejection of your trademark application
  • Provides legal justification for your brand name
  • Helps overcome Section 9 or Section 11 objections
  • Ensures compliance with Trademark Registry requirements
  • Increases chances of trademark approval
Who Needs Trademark Objection Filing?
  • Applicants who received an Examination Report
  • Businesses facing Section 9 (Descriptive Mark) objection
  • Applicants facing Section 11 (Similar Mark) objection
  • Startups and MSMEs with pending TM status
  • Companies whose trademark status shows "Objected"
Benefits of Professional Objection Filing
  • Strong legal reply drafting
  • Proper documentation submission
  • Reduced risk of rejection
  • Faster movement to next stage (Accepted & Advertised)
  • Expert support during hearing (if required)
Trademark Objection Filing Process
Trademark Examination Report

Required Documents for Trademark Objection Reply

To file a reply against a Trademark Objection, the applicant must provide supporting legal, brand, and usage-related documents to justify the uniqueness and eligibility of the trademark under the Trade Marks Act, 1999.

Examination Report

Copy of the Trademark Examination Report issued by the Trademark Registry mentioning objection details.

Trademark Application Details

Trademark Application Number, Filing Date, Class, and Brand Name details.

Brand Usage Proof

Invoices, packaging, website screenshots, marketing materials, or advertisements showing trademark usage.

Applicant Identity / Business Proof

PAN Card, Aadhaar Card, or Business Registration Certificate of the applicant.

Authorization (TM-48)

Signed TM-48 form authorizing a trademark professional to file the objection reply on behalf of the applicant.

Supporting Legal Documents

Affidavits, prior trademark registrations, agreements, or any legal proof supporting trademark distinctiveness.

📌 After document submission, a professional reply is drafted and filed with the Trademark Registry. The authority reviews the reply and may accept the application or schedule a hearing if required.

Prices

Objection Basic

Basic Plan

Trademark Objection Reply

Rs 1999

Examination Report Review
Drafting of Objection Reply
Online Reply Filing
Govt Fees Not Included

Objection Standard

Standard Plan

Trademark Objection Reply

Rs 3999

Detailed Legal Drafting
Evidence & Usage Support
Online Filing
Follow-up Support
Govt Fees Not Included

Objection Premium

Premium Plan

Trademark Objection + Hearing

Rs 6999

Complete Legal Reply Drafting
Evidence Preparation
Objection Filing
Hearing Representation Support
Govt Fees Not Included

Frequently Ask Questions (FAQ)

Trademark Objection Filing – FAQs

A Trademark Objection is raised by the Trademark Examiner in the Examination Report when there are legal issues such as similarity with existing trademarks or non-compliance with trademark laws.

Section 9 objection relates to descriptive or non-distinctive trademarks, while Section 11 objection is raised when the applied mark is similar to an already registered or applied trademark.

The reply must generally be filed within 30 days from the date of the Examination Report to avoid abandonment of the application.

After submission, the Trademark Officer reviews the reply. If satisfied, the mark is accepted and advertised. If not, a hearing may be scheduled.

Yes. If no reply is filed within the prescribed time limit, the application may be marked as “Abandoned” by the Trademark Registry.