Trademark Objections

Resolve Trademark Objections With Experts

Trademark objection in India is when the Trademark Registry raises objections to registering a trademark application. The complaints may be based on several grounds, such as similarity to existing trademarks, lack of distinctiveness, and non-compliance with statutory requirements. The applicant must respond to the objections within the stipulated time to ensure the trademark application is accepted.

Documents Needed to File Trademark Objection Reply

The following documentation is needed for the trademark objection process:

• Authorisation letter or report on the authorised document
• Trademark examination report.
• Identification documents
• Address proof for verification during trademark opposition.

Trademark Objection Process​

• Follow the progress of your trademark application.
• Look into the trademark complaint.
• File a trademark objection reply.
• Review the response thoroughly before submission
• Obtain feedback on the department's response
• If your response is positive, your trademark will be published in the trademark journal.
• As an applicant, it is mandatory to appear during the hearing of the trademark.

Eligibility Criteria for Trademark Objection

The following are some of the common eligibility criteria for trademark objection:

• Similarity: The trademark in question must be similar or identical to an existing trademark in the same class or category of goods or services.
• Confusion: The use of the trademark in question could cause confusion among consumers or could lead to mistaken identity with an existing trademark.
• Descriptiveness: The trademark in question is descriptive of the goods or services being offered and, therefore, not eligible for trademark protection.
• Offensive: The trademark in question is offensive or derogatory to a particular community or group of people.
• Deceptive: The trademark in question is misleading or deceptive, leading to a false impression about the quality, origin, or source of the goods or services.