Trademark Objections
Trademark Objections in India
If you’ve received an objection under Section 9 or 11 in your Trademark Examination Report, it’s important to file a Trademark Examination Reply with the Registrar of Trademarks.
Why File a Trademark Examination Reply?
To respond to the queries raised by the Trademark Registrar in the examination report.
To justify why your trademark application should be accepted and clarify the grounds of approval.
To complete an essential step in the Trademark Registration process, as failing to respond can result in rejection of your application.
After filing a trademark application, objections may arise if the mark is:
Identical or similar to an already registered trademark.
Not in line with trademark rules or lacks distinctiveness.
Filed with incorrect information, such as wrong applicant details.
Lacking sufficient clarity in goods/services description.
The Registrar of Trademarks may also raise objections if the application violates any rules under the Trade Marks Act, 1999—for example, if the trademark:
Resembles an existing mark.
Contains elements offensive to a religion.
Lacks distinct character.
A trademark objection is one of the early stages in the Trademark Registration Process. It is not a rejection, but an opportunity to present valid reasons and evidence supporting the registrability of your mark. Through the examination process, the Registrar reviews whether your mark qualifies for registration under the Trade Marks Act, 1999.
Grounds for Trademark Objections in India
The Indian Trademark Office may raise objections against a trademark application under Section 9 and Section 11 of the Trade Marks Act, 1999. These objections typically arise when the proposed trademark:
Lacks uniqueness or distinctiveness.
Is too descriptive or generic.
Conflicts with an existing registered or pending trademark.
Objections Under Section 11 – Similarity with Existing Trademarks
Section 11 addresses objections where the applied trademark is too similar to an existing mark. Common reasons include:
Identical Marks – Example: Filing for “Thunder” when a trademark named “Thunder” already exists in the same category.
Similar Sound – Example: “JoyTEA” for tea products may face objection if “JuyTea” is already registered due to phonetic similarity.
Similar Concept – Example: Applying for “Herin” shampoo could conflict with “HerinCare”, as both suggest the same concept.
Objections Under Section 9 – Lack of Distinctiveness
Section 9 covers objections related to distinctiveness, descriptiveness, and misleading marks. Grounds include:
Descriptive Terms – Example: “StrongBottle” for bottles may be rejected as it directly describes the product.
Lack of Distinctiveness – Attempting to register a basic geometric figure, like a square for furniture, may face objection for being too generic.
Deceptive or Misleading Marks – Example: “Fitness Organic Bar” for chocolates without organic ingredients could face objection for misleading consumers.
Trademark Examination Report in India
A Trademark Examination Report is issued by the Trademark Registry after reviewing your application. It highlights objections (if any) regarding distinctiveness, similarity, or compliance with trademark rules. Responding effectively to this report is a crucial step in the trademark registration process in India
What is an Examination Report?
When a trademark is filed, the Registrar examines it for compliance. If objections arise, an Examination Report is issued. Applicants must submit a Reply to Examination Report within 30 days, addressing queries and providing supporting evidence to establish eligibility for registration.
Reply Accepted or Not Accepted
If the Registrar is satisfied with the reply, the application status updates to “Accepted & Advertised” in the Trademark Journal.
If not satisfied, the status changes to “Objected”, and a Show Cause Hearing Notice may be issued, requiring further clarification before acceptance.
Abandoned Applications
Failure to reply within the given timeframe (30 days) can lead to abandonment of the trademark application, meaning the applicant loses the claim over the trademark. Regularly monitoring application status is essential to avoid missing deadlines.
Documents Required for Trademark Objection in India
When responding to a Trademark Objection, it is crucial to submit the right documents to the Trademark Registrar. At Cardiff Service, we assist you in preparing and filing all necessary documentation to ensure a strong and valid reply.
Key Documents Needed:
Examination Report – This report is generated after filing a trademark application and contains the specific objections raised by the Registrar of Trademarks. It serves as the basis for drafting a detailed reply.
Power of Attorney (POA) – A signed Power of Attorney authorizes our experts to act on your behalf, enabling us to prepare, sign, and file the reply to the objection with the Trademark Office.
Supporting Documents – To strengthen your response, you may be required to provide additional documents such as usage proof, brand evidence, promotional materials, invoices, website details, or any relevant records showing the distinctiveness and legitimacy of your mark.
Legal Procedure for Trademark Objection in India
When a Trademark Objection is raised under Section 9 or Section 11 of the Trademark Act, 1999, the Registrar issues an Examination Report mentioning the grounds of objection and details of conflicting marks. Responding properly to this objection is crucial to ensure the continuation of your trademark registration process.
1. Analyzing the Objections
Review the Trademark Examination Report carefully to understand the exact sections under which objections are raised.
Identify if any trademark rectification or corrections are needed before filing the reply.
2. Executing the Power of Attorney (POA)
A Power of Attorney is required to authorize professionals to file the reply on your behalf.
Our team provides a draft POA, which must be executed on non-judicial stamp paper and duly notarized.
3. Arranging Supporting Documents
Supporting documents and proofs (including User Affidavit) are compiled to justify why the trademark should be accepted.
Additional evidence is prepared to satisfy the Registrar regarding the distinctiveness and validity of the mark.
4. Drafting & Filing the Reply
A detailed reply to the objection is drafted, addressing all points raised by the Trademark Examiner.
The reply is then filed with the Registrar of Trademarks within the prescribed timeline to avoid rejection or abandonment.
Frequently Asked Questions
A company name search ensures that your chosen business name is unique, legally compliant, and not already registered with Companies House UK. It helps you avoid legal disputes, trademark issues, and confusion in the Cardiff business market.
If your desired name is already registered, you’ll need to choose a different name or modify it. Using a taken name could result in rejection by Companies House or potential legal issues. Our experts can help you brainstorm alternative names that are compliant and market-ready.
It’s not advisable to use a name that’s too similar to another company, especially within the same industry. Similar names can confuse customers and risk trademark disputes. A company name search helps you identify these risks early.
For a company name search in Cardiff, you may need:
Proposed company name
Business entity type (Ltd, LLP, Partnership, etc.)
Jurisdiction (Cardiff / UK)
Owner or shareholder details (if applicable)
Business description
A “high probability” result means your proposed company name is likely to be available, but further checks are recommended. This is why our detailed Cardiff Company Name Search Report includes both identical and similar names for clarity.
Certain words are restricted under UK law (e.g., “bank,” “insurance,” “government”). If you want to use them, you’ll need special approval from regulatory bodies. We guide you through this process if your Cardiff business requires such terms