To get a trademark, the applicant must file a trademark application at the concerned Trademark Registry in the format prescribed. The application will be processed and thoroughly examined. After examination, the application will either be advertised in the trademark journal prior to registration or the examiner could raise an objection in registration application. This objection is referred as trademark objection.

In case of an objection, the applicant needs to submit a response to objection containing the facts, reasons and evidences as to why the application needs to be considered on his/her favor. This has to be done within one month of receiving the trademark objection in India. Upon finding the reply sufficient to address the concerns raised in the trademark objection report, the application will be allowed to be published in the trademark journal, the final step prior to registration.

Procedure For Trademark Objection Reply

• It is crucial to carefully analyze the trademark objection report raised by the registrar. Even a minor ambiguity can lead to wrong filing of trademark objection reply
• While preparing trademark objection reply, answer to objections raised with supporting laws and documents to prove distinctiveness.
• An affidavit of usage with supporting documents can be presented to show distinctiveness acquired as a result of prolonged usage.
• The trademark objection reply is crucial and is advisable to be done under expert guidance.
• The reply drafted needs to be filed online on the trademark registration portal.
• Upon finding the trademark objection reply sufficient to address the objections, the application will be allowed to publish in the journal.