Trademark Examination / Objection Reply

  • Protect Your Brand Rights
  • Higher Approval Chances
  • Smooth Registration Process
  • Strong Legal Drafting
  • 30-Day Deadline Support
  • Professional Representation
  • Evidence-Based Defence

Register Now






Support Languages: English | ಕನ್ನಡ | हिंदी | தமிழ் | മലയാളം | తెలుగు

Helpline: 9606277677
Documents RequiredTrademark Examination & Objection Reply ProcessFAQsTagsRegistrationsArticles
Trademark Examination / Objection Reply

Trademark Examination / Objection Reply

After a trademark application is filed, it is reviewed by the Trademark Examiner. If issues are found, an examination report is issued raising objections such as similarity with existing marks, lack of distinctiveness, or procedural errors. These objections are not rejections but require a formal reply within 30 days to defend and justify the application. A well-drafted objection reply, supported by proper documents and legal reasoning, increases the chances of acceptance and smooth progression of the trademark registration process.

Documents Required

  • Copy of Examination Report.
  • Trademark application details.
  • Power of Attorney (if filed by an attorney/consultant).
  • Evidence of use: invoices, ads, packaging, brochures, website details, etc.
  • Identity and address proof of the applicant.
Loading...

Trademark Examination & Objection Reply Process

  • Receipt of Examination Report

    After filing, the examiner issues an examination report highlighting objections, if any. This is uploaded on the Trademark Registry website and notified to the applicant.
  • Review of Objections

    Our legal experts analyze the examiner’s objections in detail, identifying the grounds for refusal and evaluating the strength of your trademark application.
  • Drafting the Reply

    A strong objection reply is prepared, addressing each point raised in the examination report. Supporting documents, legal precedents, and evidence of usage (such as invoices, advertisements, website screenshots, and promotional material) are attached to prove the mark’s distinctiveness.
  • Filing the Reply

    The objection reply is filed online with the Trademark Registry within the prescribed time limit, usually 30 days from the date of issuance of the examination report.
  • Hearing (if required)

    In some cases, the Registrar may schedule a hearing to further evaluate the reply. Our team represents clients during hearings and provides necessary clarifications.
  • Final Decision

    Based on the reply and/or hearing, the examiner either accepts the application for publication in the Trademark Journal or refuses the application.

Trademark Examination / Objection Reply FAQs

How much does it cost to file an objection reply?

The government does not charge a separate fee for filing a reply, but professional drafting and representation services usually cost between ₹2,500 – ₹7,500, depending on complexity.

Can I appeal if my reply is rejected?

Yes. If your reply or hearing is unsuccessful, you can appeal to the Intellectual Property Appellate Board (IPAB) or the appropriate court.

What is the difference between a trademark objection and opposition?

An objection is raised by the examiner during examination, while an opposition is filed by a third party after the mark is published in the journal.

Can my application still be refused after filing a reply?

Yes. If the examiner is not convinced by your reply or evidence, the application may still be refused. In such cases, you can appeal the decision.

What is a trademark hearing?

A trademark hearing is an in-person or virtual session before the Registrar where you or your attorney present arguments and clarifications to support your application.

What happens after filing an objection reply?

The examiner reviews your reply. If satisfied, the application proceeds to publication in the Trademark Journal. If not, a hearing may be scheduled.

Do I need a lawyer or consultant to file a reply?

While not mandatory, professional assistance helps draft a strong reply with proper legal reasoning and evidence, increasing the chances of approval.

How is an objection reply drafted?

An objection reply must address every point raised in the examination report, provide legal justification, and include evidence proving the distinctiveness and usage of the mark.

What documents are required for filing a reply?

You will need the examination report, details of your trademark application, power of attorney (if filed through an attorney), and evidence of use like invoices, advertisements, packaging, or website details.

What happens if I ignore a trademark objection?

If you fail to reply within the deadline, your trademark application will be marked as abandoned, and you lose the chance to register the mark.

What are the common reasons for trademark objections?

Objections may be raised due to similarity with an existing trademark, descriptive nature of the mark, wrong classification of goods/services, or incomplete details.

How much time do I have to file an objection reply?

You must file your reply within 30 days from the date of receiving the examination report, otherwise the application will be treated as abandoned.

Is a trademark objection the same as rejection?

No. An objection is not a final rejection. It is an opportunity for you to defend your application by filing a reply within the given time frame.

What is a trademark objection?

A trademark objection is a preliminary refusal raised by the examiner in the examination report if they find issues with your application, such as similarity, lack of distinctiveness, or incorrect details.

What is a trademark examination?

Trademark examination is the process where the Trademark Examiner reviews your application to ensure it complies with the Trade Marks Act and does not conflict with existing marks.

Register Now






TESTIMONIALS

WhatsApp
+91 9645850158
PhoneNumber
+91 9645850158
To The Top