You filed your trademark application months ago. You have been waiting patiently for the registration certificate. But when you checked the status today, instead of “Registered,” it says “Objected”.
For a business owner, this is a stressful moment. Does this mean your brand is rejected? Did you lose your application fee?
The short answer is: No, your application is not rejected—yet.
An “Objected” status simply means the Trademark Registry has some questions or concerns regarding your application. They have issued an Examination Report, and they are giving you a chance to defend your mark. However, you have a strict deadline to respond. If you ignore this, your application will be treated as “Abandoned.”
At Patent Seva, we handle hundreds of objection replies every year. In this comprehensive guide, we will explain why objections happen, how to draft a strong legal reply, and how to save your brand name.
What Does “Trademark Objected” Mean?
When you file a trademark application (Form TM-A), it goes to a Trademark Examiner. The Examiner checks your application against the rules of the Trade Marks Act, 1999.
If the Examiner finds that your application violates certain sections of the Act, or if your name is too similar to an existing brand, they issue an Examination Report. This report details the specific reasons why they think your trademark should not be registered.
You are legally required to file a written response (Reply to Examination Report) to overcome these objections.
The Deadline: The 30-Day Rule
Time is your biggest enemy here. According to the law, you must file your reply within 30 Days of receiving the Examination Report.
If you fail to file the reply within this time frame, the Registry will mark your application as “Abandoned.” This means:
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Your application is cancelled.
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The government fees you paid are forfeited.
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You lose your priority date (someone else could file the name in the meantime).
Common Reasons For Trademark Objections
The Examiner usually cites specific sections of the Trade Marks Act. Understanding these is crucial for drafting a proper reply.
1. Objection Under Section 9 (Absolute Grounds)
This objection is raised if your brand name is not “distinctive.”
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Descriptive Names: If your name describes the quality or kind of goods. Example: Calling a shoe brand “Best Quality Shoes.”
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Generic Terms: Using common words that everyone in the trade needs to use.
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Deceptive Marks: If the logo hurts religious sentiments or contains prohibited national emblems.
2. Objection Under Section 11 (Relative Grounds)
This is the most common objection. It happens when the Examiner thinks your mark is “Identically or Deceptively Similar” to a trademark that is already registered or pending.
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Phonetic Similarity: “Nike” vs. “Nyke.”
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Visual Similarity: Using a logo that looks almost the same as a competitor’s.
How To Draft A Strong Reply?
Many business owners try to write a simple letter saying, “Please accept my trademark.” This will not work.
A Trademark Objection Reply is a formal legal document. It must be drafted by a professional, usually a Trademark Attorney or Agent. Here is the structure we follow at Patent Seva:
Step 1: Analysis of the Report
We first download the Examination Report and analyze whether the objection is under Section 9, Section 11, or technical formalities (like wrong user date).
Step 2: Case Law Research
This is the secret weapon. We don’t just give opinions; we quote past judgments from the High Courts and the Supreme Court of India. Citing relevant case laws proves to the Examiner that your mark deserves registration based on legal precedents.
Step 3: Distinguishing Your Mark
If the objection is under Section 11 (similarity), we create a comparison chart. We highlight the visual, phonetic, and structural differences between your brand and the conflicting marks cited by the Examiner.
Step 4: Evidence of Usage
If you have been using the brand for years, we submit proofs (invoices, social media screenshots, website prints) to show that your brand has acquired a “distinctive character” through long usage.
What Happens After Filing The Reply?
Once we file the reply, the status changes to “Objected” -> “Pending for Consideration.”
There are two possible outcomes:
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Accepted: The Examiner is satisfied with our arguments. The trademark is published in the Journal.
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Hearing Scheduled: The Examiner is not fully convinced and wants a face-to-face (or virtual) discussion. In this case, we will attend the Show Cause Hearing on your behalf to argue the case verbally.
Why You Should Not DIY Your Objection Reply
We understand the temptation to save money and write the reply yourself. However, trademark law is complex.
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If you admit to a similarity by mistake, it can be used against you.
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If you fail to cite the correct section of the Act, the Examiner will reject it immediately.
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A weak reply almost guarantees a rejection, wasting the months you spent waiting.
Frequently Asked Questions (FAQs)
Q: Can I file the reply after 30 days?
A: Generally, no. However, if the delay is reasonable, we can file a petition for a delay condonation (with a fine), but it is risky. It is best to file on time.
Q: How much does it cost to file a reply?
A: The government does not charge a fee for filing the reply itself, but you will need to pay for the professional services of the Attorney drafting the legal arguments.
Q: Does filing a reply guarantee registration?
A: No, but a professionally drafted reply significantly increases your chances. It moves the application to the next stage rather than letting it die.
Conclusion
Receiving an objection is not the end of the road; it is just a hurdle. With the right legal arguments and a timely response, you can overcome it and secure your brand registration.
Call To Action
Don’t Let A Simple Objection Ruin Your Brand. Responding to a legal notice requires precision and expertise. At Patent Seva, our dedicated team of IP professionals specialises in turning “Objected” status into “Registered.”
Contact Us Today For A Free Consultation. Do not risk a rejection by filing a weak reply. Let our experts handle the legal complexities so you can focus on your business.
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Call/WhatsApp: +91 7807205357
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Email: contact@patentseva.com
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