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Trademark Objection Reply
The reply to the Trademark objection must include reasoning, facts, supporting rules of law, and judgments, as well as proof and other supporting documents.
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INTRODUCTION
What is a Trademark Examination Report (TER)?
A trademark application goes via various steps, the maximum critical of which is examination with the aid of the registry. An official would evaluate the application and check for mistakes or accuracy in accordance with the Trademarks Act and its Rules.
Following evaluation, an examination report is produced, including the examiner’s remarks. If there aren’t any conflicts with the regulations or other logos, it’s miles submitted for ebook inside the Journal. However, inside the occasion of a dispute, the examiner raises an objection and instructs the applicant/legal professional to respond as to why the application ought to be advanced to the next step. Failure to reply may additionally result in the utility being deserted, requiring the applicant to respond to the Registry’s examination document.
ADVANTAGES
Why Timely Trademark Objection Reply Matters
1. Avoid Application Abandonment
Responding to the examination report is a mandatory step in the trademark registration process. If the reply is not submitted within 30 days from the issuance of the objection, your trademark application may be marked as abandoned, halting the entire registration process.
2. Defend Your Brand’s Uniqueness
Filing a well-drafted reply allows you to clarify and justify the distinctiveness of your trademark. It gives you the opportunity to counter the objections raised by the examiner and explain why your mark deserves to be registered—highlighting its uniqueness and non-conflicting nature with existing trademarks.
Formulation of Section 8 Company Name
Choosing the right name is an essential step in incorporating a Section 8 Company. Since Section 8 Companies are non-profit in nature, the name should reflect the company’s charitable purpose and cannot resemble names of profit-making organizations.
Mark Not Distinctive or Unique
If the trademark lacks originality and fails to distinguish your goods or services from others in the market, it may be objected to.
Deceptively Similar Marks
Trademarks that closely resemble existing registered marks—visually, phonetically, or conceptually—can lead to objections due to the likelihood of confusion.
Descriptive of Product Characteristics
If the mark directly describes the quality, purpose, or other features of the goods or services, it is likely to be objected to under Section 9 of the Trademark Act.
Generic or Common Terms
Using generic or commonly used terms that do not indicate the source of goods/services can result in trademark objections, as they lack distinctiveness.
Online Registration
Respond to Trademark Examination Report in 3 Easy Steps
1. Answer Quick Questions
Choose a package that fits your requirements
Share your Application Number and the Examination Report issued by the Trademark Registry
Understand the grounds of objection raised
Make payment through our secured payment gateway
2. Experts Are Here to Help
Dedicated Relationship Manager assigned
Detailed consultation on the Examination Report and search findings
Drafting of a comprehensive reply by our legal experts
Filing of the reply online by a Registered Trademark Attorney
3. Your Reply Is Submitted!
All it takes is 4 working days*
*Subject to Government processing time
The Process
Procedure for Filing a Reply to Trademark Examination Report
Day 1 – Consultation
Collection of basic information
Review and analysis of grounds of objection raised by the Examiner
Discussion on appropriate legal arguments and supporting evidence
Day 2–3 – Execution
Drafting of a strong and well-structured response by experienced trademark lawyers
Day 4 – Submission
Filing of the Trademark Objection Reply through the official online portal
Acknowledgment and receipt shared with the applicant
Frequently Asked Questions
Have questions before reaching out? Here are quick answers to some of the most common queries we receive about contacting us, consultations, and service inquiries.
When the Trademark Examiner raises concerns about your application—such as similarity with an existing mark or lack of distinctiveness—the status becomes "Objected". To proceed, you must file a formal written response (objection reply). If not resolved through written reply, the Registry may schedule a hearing.
To move forward, you must file a well-drafted reply to the Examination Report justifying your mark's uniqueness and registrability. If the Examiner is satisfied, your trademark will be published in the Trademark Journal for public review
You should regularly check the application status on the IP India portal. If your mark is objected, the status will appear as:
"Objected – Awaiting Reply to Examination Report."
👉 Track your status here: https://ipindia.gov.in/
Yes, you can continue using the ™ symbol. An objection does not restrict you from using the trademark symbol; it simply indicates that the application needs clarification before progressing further.
The reply should ideally be submitted within 1 month from the date the Examination Report is issued. However, as long as the status shows "Awaiting Reply to Examination Report", you may still file the response. Once the status changes to "Abandoned", no further action is possible.
After filing, the updated status will no longer show “Awaiting Reply.” The response will also be visible under the document history on the official TM portal. The application may still appear as "Objected" until further review is completed by the Registry.