Trademark Objection Reply

(Starts from 750/-*)

Get objection reply filed in simple steps with us.

  1. Fill the query form
  2. Provide the required details and documents
  3. Reply filed
  4. Acknowledgment copy in your inbox

If the trademark status is shown as “Objected” it simply means that the trademark examiner or trademark registrar issues an examination report stating the cause of objection and seeks clarification and explanations about why such trademark should be allowed to be registered. 

Generally trademarks are objected under two major sections of the trademark act namely section 9 or section 11 or some time in both the sections. There could be other reasons for objections also like filing the application in other class or including goods or services belongs to other class of trademark, Non providing the required documents or providing incomplete or inaccurate documents.

Following are some of the reasons of trademark objection

  • Incorrect Classification of Trademark Class
  • Trademark Lacks Distinctiveness
  • Use of prohibited Trademarks or Words
  • Protecting a Generic word
  • Trademark is Deceptive
  • Existence of Identical or Similar Trademark
  • Use of Incorrect Trademark Form
  • Incorrect Trademark Applicant Name
  • Failure to File Power of Attorney or User Affidavit
  • Miss-match with the address on Trademark Application and Documents
  • Including items of multiple classes in one Trademark Application
  • Use of terms to denote qualitative and quantitative

Section 9 objections are made when the Registrar/Examiner considers the trade mark to be descriptive of goods/generic/laudatory/indicating quality or nature of goods.

Section 9(1) is also known as Absolute ground of refusal, followings are the cases where section 9(1) prohibits the registration of those trademarks:

A. which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

B. which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services; or

C. which consist exclusively of marks or indications which have become customary in the current language or in the bonafide and established practice of the trade.

Section 9(2) states that a mark shall not be registered as a trademark if —

  • It is of such nature as to deceive the public or cause confusion
  • It contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India
  • It comprises or contains scandalous or obscene matter
  • Its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Section 9(3) A mark shall not be registered as a trademark if it consists exclusively of—

  • The shape of goods which results from the nature of the goods themselves; or
  • The shape of goods which is necessary to obtain a technical result; or
  • The shape which gives substantial value to the goods. Explanation.— For the purposes of this section, the nature of goods or services in relation to which the trademark is used or proposed to be used shall not be a ground for refusal of registration.

Section 11 objections are made by the Registrar/Examiner when there is an identical/similar trade mark in respect of identical/similar goods/services already on record in the Trade Mark Registry. In such cases, the Registrar/Examiner issues a computer generated Search Report with the list of conflicting marks.  

Section 11 is also known as Relative ground for trademark refusal, followings are the cases where section 11 prohibits the registration of those trademarks:

  1. Save as provided in section 12, a trade mark shall not be registered if, because of—
    • its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or
    • its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.
  2. A trade mark which—
    • is identical with or similar to an earlier trade mark; and
    • is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered, if or to the extent, the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.
  3. A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented—
    • by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or
    • by virtue of law of copyright.

When the trade mark application is objected, it is stipulated that an objection reply should be filed within 30 days from the date of receipt of Examination Report along with supporting documents to justify the use of the trademark and relevant case laws. If the trademark objection reply is snot filed within 30 days, such trademark application will be treated as abandoned. 

Why choose Alonika.in?

At Alonika.in we have a dedicated and experienced trademark specialist team. Our team of highly experienced lawyers will draft the reply required to be filed for objection raised by department. 

  • Details Required
  • Trademark Application No
  • Power of Attorney
  • Documents for Supporting of claim