Recieving an Objection does not mean your Trademark is rejected
RESPOND TO THE OBJECTION and get your Trademark Registered
Expert legal advice — reply within 30 min
What is a Trademark Objection?
Trademark application passes through several stages, where Examination by Registrar is a crucial stage. The competent officer examines the application for any errors and its compliance with the Trademark Act and the rules framed thereunder.
During trademark examination, the Trademark Registrar may raise objections on the applied trademark if it violates rules and laws of trademark registration. Common reasons for objection include similarity with existing marks, religious offence, lack of distinctive character, and deceptive elements.
In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection.
Reasons for Objection
- Use of incorrect Trademark form
- Incorrect Trademark applicant name
- Failure to file Trademark form TM-48
- Incorrect Address on Trademark application
- Vague specification of Goods or Services
- Same or similar Trademark already exists
- Trademark lacks distinctive character
- Trademark is deceptive
Objection Response Process
- Collection of basic information
- Consultation for grounds of objection
- Drafting of response by experienced IP lawyer
- Filing of TM Objection Reply
- Possible hearing if response unsatisfactory
How to Respond to a Trademark Objection
- Brief and specific answer to objection
- Relevant case laws
- User Affidavit proving extensive usage
- Evidence establishing distinctiveness
How it works?
Share objection details
Provide your trademark application number and the examination report with objections raised.
Objection analysis
Our trademark attorney analyzes the objections and prepares a strong counter-statement.
Response filing
We file the response to the examination report with supporting evidence and legal arguments.
Hearing & acceptance
We represent you at the hearing (if required) and work towards getting your trademark accepted.
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I've been using the Legitax app and it's really made dealing with legal stuff easier. It's great how I can just open the app and quickly find a legal expert to talk to, no matter what time it is. Every time I've had a question, big or small, I've gotten easy-to-understand answers from their experts. The app is super easy to use too, which is a big plus for me. I feel more confident handling legal things now. Legitax has been a big help!
Vijay Kanoor
Bengalore, Karnataka
The Legal advice I get is straightforward and easy to understand, which is important for me. Using Legitax has taken away a lot of stress when it comes to legal matters. I definitely recommend it to anyone looking for quick and reliable legal help.
Krishnamoorthy B
Chennai, Tamil Nadu
The advocate I connected with on Legitax was incredibly helpful, clearing up many doubts I had. They offered solutions and insights into issues that were affecting my family and me. I've had such a positive experience that I wouldn't hesitate to recommend Legitax to my friends.
Bhavesh Jain
Jaipur, Rajasthan
I was really impressed with the quality of legal advice I received. The lawyer was patient, knowledgeable, and took the time to explain everything in detail. It felt like having a personal legal advisor at my fingertips.
Lata Sharma
Amritsar, Punjab
Very convenient service. I needed urgent legal advice regarding a property dispute and was connected with a qualified lawyer within minutes. The consultation was thorough and the advice was practical and actionable.
Prakesh Ranjan
Patna, Bihar
Excellent platform for legal consultations. The process is seamless and the lawyers are very professional. I got my documents reviewed quickly and the feedback was comprehensive. Highly recommended for anyone needing legal assistance.
Preety Singh
Lucknow, Uttar Pradesh
Legitax made the entire process of getting legal help so much simpler. From consultation to document drafting, everything was handled professionally. The pricing is transparent and reasonable.
Arvind Pratap
Bhopal, Madhya Pradesh
Frequently asked questions
A reply to the objection has to be filed before the Registrar within one month from the date of receipt of the examination report.
When a reply is not filed within one month from the publishing of examination report then the application will be considered abandon and no further filing of reply will be allowed.
No, the applicant of the trademark does not need to stop using the TM sign. By way of issuing the Examination Report, the Registry does not compel to stop the applicant from using the TM sign next to the Brand Name or Logo.
The application, when it is accepted by the Registry, is published in a journal for a period of 4 months and is open for opposition by Third Party. After completion of 4 months, where no opposition by third party is received, the Registration Certificate of the trademark is issued by the Registrar.
It is always advisable to contest the rejected trademark or apply for a new trademark application, as the case may be. Trademark registration is mandatory for taking legal action against infringers.