Trademark & IP
Trademark objection reply
If your trademark application shows the status Objected, the examiner has issued an examination report that must be answered within the time given, usually 30 days, or the application may be treated as abandoned. We study the objection, check the marks it cites, and draft and file a written reply with the evidence that supports your case.
- Reply drafted against each ground the examiner raises
- Check of the earlier marks cited against you
- Affidavit of use with evidence, where it helps
- Filed online before the deadline
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Price
Objection reply
₹3,499+ ₹630 GST
Filed within 5 working days of the report and your documents
- Study of the examination report
- Review of the cited marks and their status
- Written reply covering every ground raised
- Affidavit of use with your evidence, where needed
- Request to narrow the goods or services, if that helps
- Filing on the Registry's portal
- Tracking until the Registrar accepts the mark or fixes a hearing
Fees are before 18% GST. There is usually no government fee for the reply itself; fees for any form filed with it, such as a request to amend the application, are paid at actuals. A show-cause hearing, if the Registrar fixes one, is quoted separately.
Who needs trademark objection reply
- Applicants whose trademark status shows Objected
- Anyone who has received an examination report from the Trade Marks Registry
- Brand owners told their mark is descriptive, not distinctive or similar to an earlier mark
- Applicants who filed on their own or through someone else and now want help with the reply
Documents you'll need
About the application
- Application number, or a copy of the examination report
- A copy of the TM-A application as filed, if you have it
Evidence of use, if the mark is in use
- Invoices or sales records showing the mark, with dates
- Advertisements, catalogues, website or social media pages showing the mark
- Photos of products or packaging carrying the mark
- Yearly sales and advertising figures, if available
To sign
- Authorisation in our favour (we prepare it)
- Affidavit of use, signed and notarised (we draft it)
You upload these from your order page after you pay. Scans or clear phone photos are fine.
How it works
- 1
Send us the report
Share the application number or the examination report. We check the deadline first.
- 2
Study the objection
We read each ground, look up any marks cited against you, and tell you how strong a reply you have and what evidence will help.
- 3
Draft the reply
We draft a reply that answers each ground with reasons and relevant decisions, and an affidavit of use if your mark is already in use.
- 4
Sign and file
You check the reply and sign the affidavit. We file it on the Registry's portal and send you the acknowledgement.
- 5
After the reply
The examiner either accepts the application for advertisement or fixes a show-cause hearing. We tell you which, and what comes next.
Why trademarks get objected
Objections fall into two groups. Absolute grounds, under Section 9 of the Trade Marks Act, 1999, cover marks that describe the goods, are common in the trade, aren't distinctive or could deceive buyers. Relative grounds, under Section 11, cover marks that are identical or similar to an earlier mark for the same or similar goods or services.
Many objections are answered by showing why the mark is distinctive as a whole, why the cited marks differ or cover different goods, or that the mark has been in use and has built a reputation. Some also need a small change, such as narrowing the goods or accepting a disclaimer.
What happens after you reply
The examiner reviews the reply. If it's satisfactory, the application is accepted and advertised in the Trade Marks Journal. If not, the Registry fixes a show-cause hearing, usually held by video, where the case is argued before a hearing officer.
After the hearing the Registrar either accepts the mark, sometimes with conditions or limitations, or refuses it. A refusal can be challenged further, but at that point it's also worth weighing a fresh application for a changed mark.
Frequently asked questions
What is the deadline to reply?
The examination report gives the deadline, usually 30 days from when you receive it. If no reply is filed in time, the application may be treated as abandoned, so send the report to us as soon as you can.
Can you reply on an application someone else filed?
Yes. You sign a fresh authorisation in our favour and we take over the file from there.
Will there be a hearing?
Often the written reply is enough. If the examiner isn't satisfied, the Registry fixes a show-cause hearing. We quote for the hearing when it's fixed.
Do I need an affidavit of use?
Only if your mark is already in use and the use helps your case, for example to show it has become distinctive or that you used it before the cited mark. Dated evidence matters most.
Can I keep using ™ while the objection is pending?
Yes. ™ only says you claim the mark. Don't use ® until it's registered.
Will the objection be removed?
No one can promise that; the Registrar decides. Before we file, we tell you how strong we think the reply is and what else could help.