Online Trademark Objection Procedure In India

Trademark Objection

Trademark is equivalent to an intellectual property of a company and hence requires proper clearance before registration. Once the trademark registration application is filed with the Trademark Registrar, it undergoes various checks and examinations. As application is processed, Examination report is prepared allowing the applicant to advertise the logo / symbol with TM before registration.

When the trademark application is advertised, according to the Trademark Act 1999, any individual reserves the right to raise an objection and file a notice against the trademark application within the period of four months from the date on which the mark was advertised or re-advertised in Trademark Journal. Once the objection is raised, the applicant has to respond with proofs of originality of the mark and file counter statement within two months.

The objection will be lifted if the Trademark Registrar is satisfied with your response, else an interview might be scheduled for you to present your arguments in-person. It is important to respond to legal objection letter against the mark within 30 days, failing which the Trademark Registrar reserves full rights to abandon your application.

Professional expertise plays a major role in case Trademark Objection and hence Jain Divya & Associates extends her knowledge in helping you to handle the issue. We can help you respond to the objection raised against your Trademark Registration. 10-15 days is the average time taken for drafting and filing trademark objection reply after submission of all the documents, subject to government processing. Get trademark consultation by scheduling an appointment with Jain Divya & Associates.

Process for Replying to Trademark Objection

  • Studying the Examination Report, we will understand the reason for objection. With information collected from you and discussion with you, we will decide the course of action to be taken address the concerns.
  • With your consent, we will prepare response based on the decide course of action and draft the reply letter.
  • This Trademark Objection Reply is filed with the Trademark Registry and the processing of the application is tracked.