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Trademark Objection
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The process of trademark registration in India involves several important stages, and one of the most critical among them is the Trademark Objection phase. During this stage, the Trademark Office conducts a detailed examination of your application to ensure it meets all legal requirements, including originality, distinctiveness, and compliance with the Trade Marks Act. If any discrepancies or conflicts with existing trademarks are found—such as similarity to registered marks, lack of distinctiveness, or incomplete documentation—a formal objection is issued. While receiving an objection might seem like a setback, it’s actually a common part of the registration process and can be successfully resolved with the right approach. At AxurTax, we offer expert assistance in handling trademark objections, providing detailed analysis, drafting strong and legally sound responses, and managing all related communications with the Trademark Office. With our smooth and efficient online process, we ensure that objections are addressed promptly and accurately, helping your application move forward without unnecessary delays. Trust AxurTax to protect your brand identity with strategic legal support every step of the way.
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What is a Trademark?
A trademark is a unique sign, logo, name, slogan, design, or combination that identifies the goods or services of a particular business. It helps customers distinguish your brand from others in the market.

When you register a trademark, you gain exclusive rights to use it and protect it from unauthorized use or imitation.

Trademark Registration Process – A Quick Overview

Here’s a step-by-step breakdown of the trademark registration journey in India:

  1. Trademark Search – Checking for existing trademarks that may be similar

  2. Application Filing – Submitting your trademark for registration

  3. Examination (Objection Stage) – Trademark Office scrutinizes the application

  4. Publication in Journal – Open for public viewing and opposition

  5. Registration Certificate Issuance – Upon successful clearance

Now, let’s dive deeper into the Objection phase.

What is a Trademark Objection?

A trademark objection is raised by the examiner at the Trademark Office after reviewing your application. It is not a rejection, but a request for clarification or correction due to issues such as:

  • Similarity with existing trademarks

  • Lack of distinctiveness

  • Use of prohibited or misleading words

  • Descriptive or generic terms

Properly responding to an objection ensures that your application proceeds to publication and, eventually, registration.

Common Reasons for Trademark Objection

Trademark objections are raised under two primary sections of the Trademarks Act, 1999:

🔹 Objections Under Section 11 – Conflict with Existing Trademarks

  • Identical or Similar Marks: Your trademark closely resembles a registered one.
    Example: “Sunshine Beverages” may be objected to if “Sunshine” already exists in the same category.

  • Phonetic Similarity: Similar-sounding names, even with different spellings.
     Example: “KandyLand” vs “CandyLand”.

  • Conceptual Similarity: Brand names conveying similar meaning or business ideas.
     Example: “TechSolutions” vs “TechPro”.

🔹 Objections Under Section 9 – Lack of Distinctiveness

  • Descriptive Marks: Words that directly describe the product or service.
     Example: “FreshJuice” for a juice brand.

  • Generic Terms: Common terms with no uniqueness.

  • Deceptive Elements: Marks that mislead the public.
     Example: “OrganicGlow” for a non-organic skincare line.

Offensive/Immoral Words or Symbols: Any vulgar or religiously sensitive content.

Trademark Objection vs Trademark Opposition

It’s important to understand the difference:

While both can impact the registration process, objections are internal and must be addressed quickly to avoid rejection.

How to Respond to a Trademark Objection

Upon receiving an examination report, you must file a trademark objection reply within 30 days. If not addressed in time, your application may be abandoned.

Here’s how AxurTax helps you handle it effectively:

✅ Step 1: Analyze the Objection

Our legal experts assess the reason for objection—whether it’s under Section 9, Section 11, or both.

✅ Step 2: Draft a Strong Reply

We prepare a response citing legal arguments, case precedents, and evidence to prove that your trademark is valid, distinctive, and registrable.

✅ Step 3: Submit Supporting Documents

These may include:

  • Invoices and bills

  • Website screenshots or app listings

  • Business cards and packaging materials

  • MSME, FSSAI, or startup certificates

  • Affidavits verifying brand usage

✅ Step 4: Hearing (if required)

If the officer is not convinced with the written reply, they may schedule a hearing. Our experts represent you in this process to defend your mark.

Trademark Objection Reply Fees

The cost of replying to a trademark objection varies depending on:

  • The complexity of the objection

  • The amount of documentation required

  • Whether a hearing is necessary

  • Legal assistance and representation

At AxurTax, we offer affordable, transparent pricing for trademark objection replies. You only pay for what’s needed—no hidden costs.

What Happens After Filing the Objection Reply?

  • If accepted: Your trademark proceeds to publication in the Trademark Journal

  • If rejected: You can file an appeal with the Intellectual Property Appellate Board (IPAB) or approach the High Court

Once your trademark clears these hurdles, it will be registered, and you’ll receive a certificate of registration.

Avoiding Trademark Objections: Pro Tips from AxurTax

✔ Do a thorough trademark search before filing
 ✔ Avoid generic or descriptive names
 ✔ Stay away from words commonly used in your industry
 ✔ Get help from legal professionals who know the process

We’ve helped hundreds of clients avoid objections by filing their trademarks correctly the first time.

Why Choose AxurTax for Trademark Objection Handling?

  • ✅ Trademark experts with experience in handling objections

  • ✅ Customized, strong legal replies that improve approval chances

  • ✅ Timely submission and end-to-end support

  • ✅ Affordable packages tailored for startups, MSMEs, and individuals