Objection
Reply.
Did you receive an Examination Report with objections under Section 9 or 11? Our experts draft legally sound responses to get your trademark approved.
Common Objections.
The Examiner will flag your application if it violates specific legal criteria.
Similarity to Existing Marks
Objections may arise if the proposed trademark is deemed too similar to an existing registered trademark or pending application.
Descriptiveness
If the trademark is found to be descriptive or generic, it may face objections under Section 9 of the Trademark Act.
Deceptive Terms
Trademarks that mislead consumers regarding the nature of the product or contain offensive terms will be rejected.
Grounds of Refusal.
A. Absolute Grounds
Section 9(1) to (3) of Trade Marks Act, 1999
- • Devoid of distinctive character (incapable of distinguishing goods).
- • Consists exclusively of marks that designate kind, quality, or origin.
- • Marks that are customary in the current language of trade.
- • Deceptive nature causing public confusion.
- • Hurts religious susceptibilities or contains scandalous matter.
B. Relative Grounds
Section 11 of Trade Marks Act, 1999
- • Refused if there exists a likelihood of confusion due to identity with an "earlier trademark".
- • Similarity of goods or services.
- • The term "earlier trade mark" means a registered trademark or an application which has a date of application earlier than yours.
How to Respond.
Follow these crucial steps to successfully clear the objection phase.
Timely Response is Critical.
The reply to the Examination Report has to be filed strictly within 30 days with supporting documents and legal precedents.
Consequences of Non-Filing
If the reply is not filed within 30 days of notice, the Trademark Registry will mark the application as Abandoned. You will lose your filing fees, your priority date, and must file a completely fresh application.