Trademark objections are a common hurdle in the registration process and can arise due to similarity with existing marks, wrong classification, incomplete details, or lack of distinctiveness. At CoreCatalyst, we help you respond effectively to objections, ensuring your brand moves smoothly toward successful registration.
Our Trademark Objection Services Include:
Drafting clear and well-structured replies to examination reports
Skilled handling of objections across various sectors and classes
Legal expertise aligned with the Trademarks Act and Registry guidelines
Prompt filing of responses to avoid rejection or delays
Comprehensive support with documentation and follow-up until resolution
Resolve Your Trademark Objections with Expert Guidance – Get in Touch
A trademark objection is an initial hurdle in the registration process where the Registrar raises concerns about the application. This may happen due to similarities with existing marks, lack of distinctiveness, or non-compliance with the provisions of the Trademarks Act, 1999. Importantly, an objection is not a rejection—it is an opportunity for the applicant to clarify, justify, or amend the application. With a timely and well-prepared response, the objection can be resolved, allowing your trademark application to progress smoothly toward approval.
To strengthen your reply against a trademark objection, supporting documents are often required. These help establish prior usage, brand presence, and commercial identity. Commonly submitted documents include:
Advertisement Copies – Proof of prior usage and brand promotion in print or digital media.
Product Images – Showing the trademark as displayed on products, labels, or packaging.
Sales Invoices – Demonstrating actual commercial use of the mark in the market.
Domain Registration Proof – Evidence of the trademark being used as part of your online presence.
Website Screenshots – Highlighting visible usage of the mark on your website to prove market recognition.
| Reason | Description |
|---|---|
| Incorrect Form Submission | Filing the application with the wrong form leads to immediate objection. |
| Incorrect Applicant Name | The applicant’s name must match official records (e.g., PAN). Any discrepancies may result in objection. |
| Use of Deceptive Words | Marks with misleading claims about the nature, quality, or origin of goods/services can be objected to. |
| Offensive or Inappropriate Terms | Trademarks containing vulgar, obscene, or socially offensive language are not registrable. |
| Insufficient Description of Goods or Services | A vague or incomplete listing of goods/services in the application can attract objections. |
| Similarity with Existing Registered Marks | If the mark is visually, conceptually, or phonetically similar to an existing trademark, it may be objected to. |
| Impact on Religious Sentiments | Marks that hurt religious beliefs or sentiments may be objected to. |
| Lack of Distinctiveness | Generic, descriptive, or non-distinctive marks may not qualify for registration. |
| Arbitrary Specification of Goods/Services | Unclear or overbroad description of goods/services can result in objection. |
| Non-Adherence to NICE Classification | Not following the standard NICE classification may cause procedural objections. |
| Incomplete or Inaccurate Description | Errors or gaps in describing the trademark or its use may be flagged. |
| Wrong Trademark Class | Classification under the wrong trademark class (out of 45) may cause delays or rejection. |
| Phonetic Similarity | Even with different spellings, trademarks that sound alike may be objected to. |
| Visual Similarity | Marks that resemble existing logos, shapes, fonts, or layouts may not be accepted. |
| Type of Objection | Description |
|---|---|
| Section 11 Objection | Raised if the proposed mark is identical or similar to an existing trademark, leading to a likelihood of confusion. |
| Section 9 Objection | Arises when the trademark consists of common names, geographical indications, or lacks inherent distinctiveness. |
| TM-1 Application Errors | Objections related to mistakes in the application form, such as incorrect design, class, or mark description. |
| Class Description Issues | When the goods or services are not adequately or correctly described, or fall under the wrong class. |
| Power of Attorney Discrepancy | If authorization documents like TM-48 are missing, incomplete, or incorrect. |
| Applicant Details Inaccuracy | Errors in the applicant’s name, address, or entity type. |
1. Receipt of Objection Notice
The applicant receives an Examination Report highlighting specific objections.
2. Drafting the Objection Reply
Prepare and submit a detailed response with supporting evidence within 30 days.
3. Hearing (If Scheduled)
Defend the mark before the Trademark Officer if a hearing is called.
4. Publication in Trademark Journal
The mark is published for a 90-day public opposition period once resolved.
5. Refusal & Review Petition
If refused, a Review Petition can be filed within 30 days to challenge the decision.
6. Final Registration
After no oppositions or successful resolution, the trademark is officially registered.
At CoreCatalyst, we help businesses navigate trademark objections efficiently and effectively. Our experienced team ensures timely, legally sound responses to safeguard your brand.
