🧾 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
💬 Frequently Asked Questions (FAQs)
Q. What happens if I don’t reply to the objection?
➡️ Your application is marked “Abandoned,” and you lose rights to the TM.
Q. Can I still use my brand during objection stage?
➡️ Yes, but legal protection begins only after the mark is registered.
Q. Can I re-file the same brand after objection?
➡️ Yes, but it’s better to respond and attempt to get it approved first.
Q. Do I need a lawyer to reply to an objection?
➡️ While not mandatory, professional assistance increases approval chances.
