Trademark Application Objected? Complete Reply Guide
Seeing “Objected” against your trademark application can be concerning, but it does not necessarily mean that your trademark has been finally rejected. It means that the Trade Marks Registry has raised an issue during examination and requires a response. The applicant should review the Examination Report, address the objections and submit a reply within the prescribed period. This guide explains how to reply to a trademark objection in India, the deadline, hearing process and what happens if the application is abandoned or opposed. If you need assistance, Compliance & Registration Services (CRSPL) can help you prepare and file a proper objection reply.
Quick Summary
Under Rule 33 of the Trade Marks Rules, 2017, an applicant typically has one month from receipt of the Examination Report to respond. If no response is filed within the specified or prescribed period, then the Registrar may consider the application as abandoned. If the objections remain unsettled or unresolved, a hearing may follow.
What Does “Trademark Application Objected” Mean?
A trademark application is marked “Objected” when the Registrar identifies grounds that may prevent the mark from being accepted for registration. Common objections include: -
|
Section |
Typical objection |
|
Section 9 |
Mark is non-distinctive, descriptive or otherwise prohibited |
|
Section 11(1) |
Similarity with an earlier trademark and likelihood of confusion |
|
Section 11(2) |
Certain conflicts involving earlier well-known trademarks |
Section 9 deals with absolute grounds for refusal, while Section 11 deals with relative grounds, including conflicts with earlier trademarks.
An objection is therefore an opportunity for the applicant to explain why the trademark should proceed.
What Is the Trademark Objection Reply Deadline in India?
The trademark objection reply deadline in India is generally one month from the date of receipt of the Examination Report under Rule 33(4).
If the applicant does not respond within this period, the Registrar may treat the application as abandoned. Applicants should therefore check the Examination Report and application status promptly.
This is equally important for applicants dealing with the Delhi Trade Marks Registry because missing the trademark reply deadline in Delhi can affect the application.
How to Reply to a Trademark Objection in India?
A proper reply should directly address the grounds raised by the Registrar.
- Review the Examination Report
Identify the sections under which objections have been raised, cited trademarks, relevant goods or services and the applicable deadline.
- Understand the Objection
For a Section 11 objection, examine the cited mark, similarity between the marks, relevant goods or services and likelihood of confusion.
For a Section 9 objection, explain why the mark is distinctive or address the specific statutory ground which is mentioned by the Registrar.
- Prepare Specific Arguments
The reply should address each objection separately. Arguments may consider the differences in the appearance, pronunciation, meaning, goods/services, trade channels and the overall commercial impression.
- Provide Supporting Evidence
Where relevant, evidence of use can support the response. Documents may include invoices, advertisements, packaging, website records, promotional material and the sales documents.
- File the Reply on Time
Submit the response through the prescribed trademark filing system within the applicable or prescribed period.
Need assistance with an Examination Report? CRSPL can help review the objections and prepare a structured and organised response.
What Happens After Filing the Reply?
Filing a reply does not automatically mean that the trademark is registered. The Registrar considers the response. If the objections are satisfactorily addressed, the application may proceed toward publication in the Trade Marks Journal. If the objections remain unresolved, the matter may proceed to a hearing.
Applicants should continue monitoring the application after filing the response.
What Is a Trademark Objection Hearing?
A trademark objection hearing gives the applicant an opportunity to present arguments when the written response has not resolved the objections.
Under Rule 33(6), a hearing may be provided where the response is not satisfactory or the applicant has requested one. At a trademark objection hearing in the Delhi IP Office, the applicant or authorised representative can explain the legal and factual basis for registration and respond to outstanding objections.
Failure to take required action at the hearing stage can have consequences for the application.
Trademark Application Abandoned in India
A trademark application abandoned in India means that the application is treated as no longer being pursued because a required procedural step was not completed.
For example, failure to respond to the Examination Report within the prescribed period may result in abandonment.
The distinction is simple: -
Objected: The Registry has raised an objection and the applicant can respond.
Abandoned: The application is treated as abandoned because the required action was not completed.
Objection vs Opposition: What Is the Difference?
|
Trademark Objection |
Trademark Opposition |
|
Usually arises during examination |
Generally, arises after publication |
|
Raised by the Registrar |
Filed by a third party |
|
Answered through an examination reply |
Requires a formal counterstatement |
|
Commonly involves Sections 9 or 11 |
Governed by Section 21 and related Rules |
|
May lead to a hearing |
Can proceed through evidence and hearing |
How to Respond to a Trademark Opposition Filing?
A trademark opposition is different from an Examination Report objection. Under Rule 44 of the Trade Marks Rules, 2017, the applicant generally has two months from receipt of the notice of opposition to file a counterstatement in Form TM-O.
Therefore, do not confuse the one-month examination reply deadline with the two-month opposition counterstatement deadline.
Sample Section 11 Trademark Objection Reply
There is no universal reply because the appropriate arguments depend on the cited trademark and the applicant's goods or services.
A simplified approach is: -
Objection under Section 11:
“The Applicant respectfully submits that the applied-for mark is distinguishable from the cited mark(s) when considered as a whole. The marks differ in their overall visual, phonetic and the conceptual impressions. Further, the relevant goods/services and commercial circumstances do not create the likelihood of the confusion contemplated under Section 11. The Applicant therefore requests that the objection be waived and the application be permitted to proceed in accordance with law.”
This is only a general example. The actual response should be customised according to the Examination Report, cited marks and available evidence.
What Happens If a Trademark Application Is Rejected?
If the Registrar ultimately refuses the application, the applicant should review the refusal order and determine the appropriate legal remedy available for that particular decision.
The applicable remedy and the limitation period depend on the nature and date of the order. A rejection is basically different from an initial objection because rejection is an adverse decision that may require a distinct legal remedy.
| Read More: Registered Office Change in Delhi: Is RD Approval Required Under the New ROC Jurisdictions? |
Final Takeaway
A trademark application marked “Objected” is not automatically the end of the registration process. The applicant should promptly review and assess the Examination Report, understand the objections, prepare a focused reply, provide the various relevant evidence and meet the prescribed deadline.
If your trademark application has received an objection, Compliance & Registration Services (CRSPL) can help you review the Examination Report and prepare an appropriate response.
Frequently Asked Questions
- How to reply to a trademark objection?
Review the Examination Report, address every objection with appropriate arguments and evidence and file the response within the prescribed one-month period.
- How to clear an objected trademark?
Address the specific grounds raised by the Registrar. Depending on the objection, this may involve establishing distinctiveness, distinguishing the mark from cited trademarks or providing evidence of use.
- What happens if a trademark application is rejected?
Review and examine the refusal order and determine whether an applicable review or appeal remedy is available. The appropriate procedure depends on the specific order and applicable law.
- What happens if a trademark is objected?
The application is not automatically finally rejected. The applicant can respond to the Examination Report, after which the Registry may accept the application or proceed to a hearing if the objections remain.
- How to respond to a trademark opposition filing?
The applicant generally needs to file a counterstatement in Form TM-O within two months of receiving the notice of opposition under Rule 44.
- Can you provide a sample reply to a trademark objection under Section 11?
Yes. A Section 11 reply generally explains why the applied-for mark should not be refused because of the cited earlier trademark, considering the marks, goods/services and likelihood of confusion.
