Trademark Objection Reply - Procedure, Documents Required, Fees

Trademark registration is a lengthy process and usually takes around 6-18 months. The foremost and most important step is the examination report issued by the Registrar which decides whether the trademark objection would arise or not

For registering a trademark, you first need to fill an application form for registration of the trademark and then the application is examined by the Registrar for any inconsistencies. This examination process might take around 30-45 days. There are chances if the Registrar accepts the trademark absolutely, conditionally, or object to it.

The registrar could object to the trademark under “Section 9 & 11 in The Trade Marks Act, 1999”. If the application form contains any set of false or incorrect information about the trademark or the applicant’s particulars then the registrar raises an objection to the trademark and sends it to the applicant.

What is Trademark Objection?

Trademark Objection simply doesn’t mean refusal of trademark registration application but in fact, significantly demands a sense of clarity regarding the trademark that applicant has opted for registration. When the trademark application reaches out to the Registrar and registrar finds out any incorrect information in the application form or not finds the trademark appropriate for registration with any sort of reason then he marks the trademark application as objected and sends the examination report to the applicant along with the reasons and grounds of raising objection against it.

The Applicant has to file the trademark objection response in support of their favor. If the applicant fails to do so then the application will get rejected.

Now let’s get a basic idea about why the trademark is objected to. What is the format for replying to trademark objections? How to check if our Trademark application is objected or not?

Trademark Objection Status

Since trademark registration is a long-term process and takes nearly 6-18 months for approval, so you need to get updated with the status of your application.

The Indian government offers online assistance for tracking down the status of trademark registration applications. Tracking your application status helps you get the info if your application is objected, opposed, or whatsoever the status is. However, Examination report is sent to the applicant in case of objection and opposition. It is preferable to be aware of your registration status, as a trademark is extremely valuable to you and your business.

Let’s know how to check the status of your trademark registration online:

• First, visit the official government site for trademark registration.
• Then click on the "Trademarks" section, and the drop-down menu will open.
• Click on "Related Links" and then select "trademark Status".
• It will redirect you to another page, then click on "trademark Application/ Registered Mark" from the side menu.
• Then fill out your application number, and you will get the status of your trademark application form.

If Objection is Raised

After tracking down your application status online you come to know that the status of your application is “objected” then it means that the registrar found out any sort of false or incorrect information about you or your company’s information in the application form or the trademark you are wishing to opt is not available or cannot be registered. The registrar can object to the trademark under “Section 9 & 11 in The Trade Marks Act, 1999”. Now the registrar would send an examination report to the applicant with the grounds of raising objection against the trademark. The applicant must reply to the registrar with a well drafted and point wise trademark objection response within one month of the examination report in support of his trademark. If the applicant failed to reply to the registrar then the trademark would be marked as abandoned.