Table of Contents
Trademark Objection in India – Process, Reasons & Expert Support
Resolve Trademark Objections with Confidence – ND Savla Can Help
During the trademark registration process in India, receiving a trademark objection is a common but critical stage. It means the Trademark Registrar has raised concerns about your application. However, it’s not a rejection — just a request for clarification or correction.
At ND Savla, we help you respond effectively to objections so your trademark can move forward to successful registration.
What is a Trademark?
A trademark is your brand’s unique identity — a name, logo, slogan, sound, or design — that sets your goods or services apart from others. Registering your trademark under the Trade Marks Act, 1999 provides exclusive legal rights to use it and protect it from infringement.
What is a Trademark Objection?
When you file a trademark application in India, it undergoes examination by an officer at the Trademark Registry. If the officer finds similarities with existing marks or issues related to law or clarity, they may raise a trademark objection under Section 9 or Section 11 of the Trade Marks Act.
This is not a rejection. You can respond to the objection with a proper explanation and evidence. A well-drafted reply to the trademark objection increases your chances of approval.
Common Reasons for Trademark Objections
Objections under Section 11 – Similarity with Existing Marks
Identical Marks: e.g., applying for “Sunshine” in the beverage category when “Sunshine” already exists.
Similar Sound: e.g., “KandyLand” vs “CandyLand”.
Conceptual Similarity: e.g., “TechPro” vs “TechSolutions” in tech services.
Objections under Section 9 – Generic, Descriptive, or Misleading Marks
Too Descriptive: e.g., “FreshJuice” for juice products.
Lack of Uniqueness: e.g., simple geometric shapes like a square for furniture.
Misleading Names: e.g., “OrganicGarden” for non-organic skincare products.
Other Grounds:
Marks containing offensive language or visuals
Use of government symbols or emblems
Vague or non-distinctive names
Timeline to Respond
Once you receive a trademark objection, you must file a reply within 30 days from the date of issuance. Failure to respond can lead to rejection of the application.
Documents Required for Trademark Objection Reply
To draft a strong reply, you’ll need to submit relevant supporting documents, such as:
Invoices, purchase orders, sales records
Advertising materials (digital & print)
Affidavits verifying usage
Social media screenshots or website links
Certificates like MSME, FSSAI, or startup recognition
Business cards or brochures
Trademark Objection Reply Fees
The cost for filing a trademark objection reply depends on:
The complexity of the objection
Whether legal representation is required
Jurisdiction and urgency
At ND Savla, we offer affordable, transparent pricing — especially for clients who have filed through us.
How to Respond to a Trademark Objection
A well-drafted Trademark Objection Reply is crucial. Here’s how ND Savla helps you navigate the process:
Step 1: Review the Examination Report
Understand the specific grounds and sections cited for objection.
Step 2: Legal Analysis & Strategy
Our experts analyze prior trademarks, brand usage, and legal precedents to build your case.
Step 3: Draft a Formal Reply
We prepare a detailed, legally sound response referencing applicable trademark law, supporting documents, and explanations that justify your claim.
Step 4: Submit the Reply
We file the reply online with the Trademark Registry and track the application’s progress.
Step 5: Attend Hearing (If Required)
If the Registrar remains unsatisfied, they may call for a hearing. ND Savla can represent you during this stage and submit further evidence.
Trademark Objection vs. Trademark Opposition – Know the Difference
| Term | Who Raises It? | When It Occurs | Purpose |
|---|---|---|---|
| Trademark Objection | Trademark Registrar | After application filing | Compliance check with trademark laws |
| Trademark Opposition | Third Party | After journal publication | To challenge potential infringement or similarity |
Why ND Savla for Trademark Objection Reply?
- Expert Legal Team
- Clear Legal Drafting with Evidence
- Affordable Pricing
- On-Time Filing
- Support for Hearings and Follow-Ups
- End-to-End Trademark Services
Whether you’re an individual, startup, or company, our team ensures your trademark objection doesn’t become a roadblock.
ND Savla – Trusted Partner for Trademark Objections and IP Compliance
Reliable | Legal | Effective
