Got objection from TM department in your Trademark? Get Your Reply filed from us NOW!

Basic
  3500
Trademark Objection Reply Plan

  • Filing of Reply to the objection raised by the department in your TM Application
Standard
  4000
Trademark Hearing Plan

+

  • Attending Hearing before the TM department for your TM Application
Premium
  6500
Trademark Reply & Hearing Combo Plan

+

  • Filing of Reply to the objection raised by the department in your TM Application
  • After Filing of Reply, if TM department does'nt accept the TM, then attending up to 2 hearings

Note

  • These plans are for objection raised by the TM department and are not for opposition made by a 3rd party.

DOCUMENTS REQUIRED
Filed TM document

Provide copy of filed Trademark application or provide TM application number

Signed Power of Attorney

We will provide this to you for signing, after receiving all information and documents.

WHAT YOU GET
Acknowledgment of filing TM Reply
Snapshot of TM website
Timely updates of your TM status

Overview

Oftentimes, during the trademark registration process, after filing a trademark application the trademark registrar raises objections through an objection report called the trademark examination report if the application contains any technical errors or if the trademark is violative of the rules and laws of trademark registration. Approximately 60 to 70% of trademark applications filed in India face trademark examination reports. Get an effective response drafted for you by one of India’s foremost experts in trademarks and exponentially increase your chances of securing your trademark. Further, in certain cases even after the filing of a Trademark reply, the department is not satisfied with the response received to the objections raised and the officer marks the case for hearing. At the hearing the officer At ZAPTAX, we offer you a seamless experience for your trademark registration, so your hard-built brand is protected. 

COMMON REASONS FOR TRADEMARK OBJECTION

The common reasons for receiving objections to a trademark application can be divided into three categories, namely technical objections, relative grounds objections, and absolute grounds objections, details of which are mentioned below:-

  • Technical Objections - some common reasons could be not attaching or attaching incomplete power of attorney or user affidavit in the application; mentioning vague description of activities, incomplete address, and selection of wrong trademark class.
  • Relative Grounds Objection - Technically known as Section 11 objection is raised when the applied trademark is similar or identical to already registered trademark(s) for carrying out similar or identical activities for which the department in the examination report cites all the said marks which are considered as similar/identical by the department. Although, the law says that objection can be raised only by citing registered marks that are similar/identical but it is practically seen that the department also cites marks that are not registered.
  • Absolute Grounds Objection - Technically known as Section 9 objection is raised when the applied trademark is non-distinctive, or exclusively contains words or expressions that either denote any kind of quality or characteristics of the goods or service being provided or are familiar.

BENEFITS

Saves your TM application from being abandoned (cancelled) by filing a response to the objection or by attending hearing.

Getting your trademark application to move ahead in the registration process

Defending your claims and rights in your brand name and hard-earned goodwill

Frequently Asked Questions

Trademark Objection also technically known as Examination Report is raised by the Trademark examiner at the Trademark office. The examination report contains the grounds on which your trademark application is objected.

The common reasons for trademark objection can be referred from here.

An Objection is raised by the examiner at the Trademark department whereas Opposition is filed by a third party.

When a Trademark is accepted by the Trademark department then the said mark is advertised by the department in a Trademark Journal for a period of 4 months, this period is called the Trademark advertisement period. During this period any member of the public can oppose the registration by filing the grounds of opposition in opposition notice with the department and a copy to you. Then, there are approx. 2 rounds of counter replies and responses from both parties after which the officer at the department starts hearing the case and decides in favour of one of the parties.

You can find if your trademark is objected by checking the status of the trademark application which can be done by following the below steps: -

  • Visit https://tmrsearch.ipindia.gov.in/eregister/
  • Click on the "Trademark Application / Registered Mark" button on the top left.
  • Click on the "National/IRDI Number" radio button.
  • Enter your application number and the captcha code.
  • Click on your Trademark application number.
  • On the Top left you can see the status if your application.
  • It it says "objected" or "examination report issued" that means the examination report has been issued by the examiner in the department.
  • If it also shows an alert " awaiting reply to examination report" that means the reply to the objection has not been filed.

 You can find download the examination or objection report by following the below steps:

  • Visit 
  • Click on the "Trademark Application/ Registered Mark" button on the top left.
  • Click on the "National/ IRDI Number" radio button.
  • Enter your application number and the Captcha code.
  • Click on the view button.
  • Click on your Trademark application number.
  • On the top right you will see a link "View examination report" , Click there and you will have the objection report.

Reply to the objection or examination report has to be filed within 30 days of the objection.

Yes, even if 30 days have passed from the issuance of the examination or objection report the reply can be filed. Practically it is seen that the system allows to file the reply even for a year but it is highly advised to act fast and get the reply filed if the period of 30 days has passed.

There is no government fees to file a Trademark reply. However, in certain cases, if the trademark department has found some discrepancies or clerical errors then, in that case, a government fee of Rs. 900/- is required to be paid to remove such discrepancies or clerical errors.

 Trademark reply has to be filed in form MIS-R and the request for the removal of discrepancy / clerical error in the application is filed in form TM-M.

No, you can still keep using the mark during the period till which objection is not cleared and also use the TM symbol above the mark.

If you do not reply to the Trademark objection or examination report issued by the examiner of the trademark department then the department has the power to treat it as if you are not interested in pursuing the application and mark it abandoned.

Post filing the reply to the Trademark objection or examination report, if the officer at the Trademark department is satisfied with the reply, he may either accept the mark or in case he is not satisfied with the reply then he will put the case for a personal hearing. After listening to the submissions made in the personal hearing the officer may either accept the application or give an adjournment or reject the application.

Once the officer at the Trademark department is satisfied with the reply filed, then he will accept the application and then advertise the mark in the Trademark journal for a period of 4 months. During this 4-month advertisement period, any member of the public can oppose your mark. If no opposition is received then the mark is registered and a registration certificate is issued.

This means that the reply to the objection or examination report filed has been checked by the officer at the Trademark department and marked the case for hearing, the date of which will be notified through show cause hearing notice.