Trademark Objection & Reply Filing

🧾 What is a Trademark Objection?

After a trademark application is submitted, the Trademark Examiner at the IP India Registry reviews it. If any issue is found—such as similarity with an existing mark, lack of distinctiveness, incorrect classification, or legal grounds—the examiner issues an Objection Notice (TM-O) under Section 9 or Section 11 of the Trademarks Act. An objection is not a rejection. It is an opportunity to present legal reasoning and evidence to convince the registrar to accept and publish your mark.

✅ Common Reasons for Objection

Reason Explanation
Lack of distinctiveness The mark is too generic or descriptive
Similarity with existing mark Phonetically or visually similar to a registered/pending TM
Incorrect classification Wrong class selected during application
Trademark already in use Applicant does not have “proposed to use” intent proof
Offensive or prohibited terms Words violate Emblem Act or are culturally sensitive

📑 Documents Required for Reply

  • Copy of TM Objection (TM-O notice)
  • TM application number
  • Affidavit of usage (if applicable)
  • Brand usage proofs (bills, ads, brochures, domain, packaging)
  • MSME/Udyam certificate (optional)
  • Applicant’s PAN, Aadhaar or company details

🛠️ Services Included

  • Review of TM-O objection notice
  • Legal assessment of objection grounds
  • Drafting a customized TM Reply
  • Preparation of supporting evidence and annexures
  • Filing of reply on IP India Portal
  • Status monitoring and alerts
  • Further hearing representation (available as add-on)

📋 TM Objection Reply Process

Step Task Timeline
1️⃣ Review objection and documents Day 1
2️⃣ Draft reply with supporting evidence Day 2
3️⃣ Approval from applicant Day 3
4️⃣ File TM Reply on IP India Portal Day 3–4
5️⃣ Registry processes and may accept or schedule hearing 3–6 months
🕐 Total Time: 3–4 Working Days (for reply filing)

📌 Important Notes

  • Reply Deadline: Must be filed within 30 days of issuance
  • Delayed replies may lead to abandonment of application
  • Registry may accept the reply, reject it, or schedule a hearing
  • Additional support like hearing representation is available

💡 Why Choose SITPakz Solution (SSPL)?

  • 📜 Lawyer-drafted replies for better success
  • 🔎 Detailed objection analysis before drafting
  • 🧾 Help with evidence gathering (ads, websites, invoices)
  • 🔔 Alerts on hearing or registry responses
  • 🧠 Affordable pricing for startups and individuals
 

At vero eos et accusamus et iusto odio digni goikussimos ducimus qui to bonfo blanditiis praese. Ntium voluum deleniti atque.

Melbourne, Australia
(Sat - Thursday)
(10am - 05 pm)