Step-by-Step Guide to Reply a Trademark Objection in India
Comprehensive Guide to Replying to a TM Objection in India
If you have applied for a trademark in India and received an Examination Report from the Trademark Registrar with objections, you must file a well-drafted Trademark Objection Reply within 30 days from the report’s issuance date.
This guide provides a detailed step-by-step process to draft and file a strong response to ensure successful registration.
Step 1: Understand the Trademark Objection
Types of Trademark Objections
The Trademark Examiner may object to your application under the following grounds:
🔸 Absolute Grounds (Section 9 of the Trade Marks Act, 1999)
- Lack of distinctiveness (e.g., common words like “Best” “Pro”or “Super” and Allied)
- Descriptive trademarks (e.g., “Tasty Biscuits” for a food brand)
- Use of generic words
🔸 Relative Grounds (Section 11 of the Trade Marks Act, 1999)
- Similarity with an existing trademark
- Potential for confusion or deception in the market
🔸 Other Objections
- Incorrect classification of goods/services
- Incorrect applicant details
- Use of prohibited symbols or words
Step 2: Download the Trademark Examination Report
- Visit the IP India Website: https://ipindia.gov.in
- Click on “Trade Mark Application/Registered Mark”
- Enter your Trademark Application Number
- Download the Examination Report
Step 3: Prepare Documents for Filing the Reply
Gather the following documents to support your response:
✅ Trademark Objection Reply Letter (Justification for your trademark)
✅ Business Proof (GST Certificate, MSME Registration, etc.)
✅ Proof of Prior Use (Invoices, Advertisements, Social Media Campaigns, etc.)
✅ Supporting Evidence (Customer Testimonials, Media Coverage, etc.)
✅ Power of Attorney (TM-48) (If filed by an agent/lawyer)
Step 4: Draft a Strong Reply to the Objection
Your reply should be clear, professional, and legally sound.
Key Elements of the Reply Letter
🔹 Introduction: Mention the Trademark Application Number, Class, and Brand Name.
🔹 Clarification of the Objection: Address the specific grounds cited in the report.
🔹 Legal Justification: Provide case laws, precedents, or statutes supporting your claim.
🔹 Proof of Distinctiveness: Show how your brand is unique and used in the market.
🔹 Conclusion & Request for Acceptance: Politely request approval and further processing.
Step 5: Submit the Trademark Objection Reply Online
- Go to the IP India Website: https://ipindiaonline.gov.in
- Click on “Reply to Examination Report” under the Trademark e-Filing Portal
- Log in using your credentials
- Select the Application Number
- Upload the Objection Reply Letter & Supporting Documents
- Sign using DSC (Digital Signature Certificate)
- Click Submit and receive an Acknowledgment Receipt
Step 6: Wait for the Trademark Registrar’s Response
✅ If the reply is accepted, the application moves to Trademark Journal Publication.
❌ If the reply is not accepted, a Hearing Notice may be issued. You must attend the hearing and present additional arguments.
⏳ Processing Time: 2-6 months
Final Steps: After Reply Submission
✔ Monitor the Application Status on https://ipindia.gov.in
✔ Prepare for a Hearing (if required)
✔ Check the Trademark Journal for Publication
By following this guide, you can successfully respond to a trademark objection and ensure that your brand gets the legal protection it deserves.
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