What is Trademark Objection

Trademark objection happens to be one of the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial; instead, the trademark registrar seeks a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.

What You Will Get

Draft Replay
A copy of the draft reply to the trademark objection

Documents Required for Objection Filing

 Trademark Acknowledgement
A copy of the trademark receipt, including details of the registered trademark

 Power of Attorney
Executed on a non-judicial stamp paper authorising our attorney to act on your behalf.


How long does it take?


3 days




Checking Objection Status

1 Working Hour
In case you filed your trademark application with us, we will be able to monitor your application status and alert you of any objections raised. You can also check the status of your Trademark application on the official IPIndia portal. If a suitable reply is not filed for the trademark objection, the trademark will be abandoned.


Drafting of Replay

1-2 Working Day
Our attorney will draft a Reply to the objection raised against your Trademark application. In the reply, every objection raised in the examination report will be addressed and replied to. Our attorney will also draft the necessary affidavits (if required / applicable).


Reply Filing

1 Working Day
Our trademark attorney will file a reply to the objection along with the required documents (such as TM-A and MIS-4) with the Trademark Registry. For this, we will require a written authorisation letter so that our attorney can file the reply on your behalf.



Filing Completed

Frequently Asked Questions


What are The Common Grounds for Trademark Application Rejection?

A distinctive and non-descriptive mark is eligible to get registered as a trademark. Section 9 of the Trademarks Act provides the absolute grounds and section 11 provides the relative grounds for refusal of the trademark application in India. Under section 25(1)(b) a trademark examiner consider a similar mark belonging to a different owner.

What is the Validity Period of a Trademark?

A registered trademark is valid for the period of ten years which may be renewed for further period of ten years on the payment of renewal fees.

Where to Check the Availability of the Desired Trademark?

You can search the online trademark database to check the availability of the desired trademark. ipindia are the most commonly used platform for free trademark search.

Who Can Apply for a Trademark?

Who can obtain a trademark is depend on the applicant type:

  • In case of an individual, the application can be filed in his own name.
  • In case of joint owners, the application filed in the name of both the owners. Both the parties are considered as trademark owner.
  • In case of proprietorship firm, the proprietor can apply for a trademark in his own name.
  • In case of a partnership, the name of all the partners is required to mention in the trademark application.
  • In case of LLP, the trademark application must be made in the LLP name.
  • In case of a company, the application must be made in the name of the company only.

Is a Trademark Registered in India Valid in Foreign Countries?

A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark. You can register the trademark in foreign countries through Madrid Protocol, and the trademark registration in India serves as the basic mark for the international trademark registration.

Can Amendment be Made in the Registered Trademark?

As per the provision of section 22 of the Trademark Act, 1999 only those errors are permitted to amend which does not amount to substantial changes and affecting the identity of the mark. Such insignificant character of the mark is permitted to be amended if a proper request is filed in the prescribed format along with the sixteen copies of the amended mark.

Does One have to Present Physically to Register a Trademark?

No, the whole trademark registration process is online. You can always e-mail the scanned copy of all the required documents. All the forms and documents are filed electronically and even signed digitally. Online trademark registration makes the process more easier. Only in case of TM hearing, one should have to present physically to answer the examiner.

What is the Need for Brand Name Registration?

There are numerous advantages to registering the brand name:

  • A registered trademark provides greater protection
  • It deters others from using your trademark
  • Registering a trademark provides the trademark owner with greater remedies
  • Protecting your brand from infringement claims


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