Trademark Objection Reply

A Trademark Objection is raised by the Trademark Registry when they find issues with your application — such as similarity to an existing trademark, descriptive nature, or lack of distinctiveness. A legal response must be filed within 30 days.

The reply to an Examination Report must be filed within 30 days from the date of receipt of the report. If not filed within time, the application may be abandoned. An extension of up to 30 more days may be requested with additional fee.

You need the Examination Report copy, original trademark application details, Affidavit supporting your claim, evidence of prior use (if any), and Power of Attorney (TM-48). Our team prepares all legal documents on your behalf.

Yes, you can file the reply yourself, but it is highly recommended to take expert assistance. A poorly drafted reply may lead to rejection of your trademark. Our team has experience in drafting strong legal arguments that satisfy the Registry.

After filing the reply, the Registrar reviews the response. If satisfied, the trademark proceeds to Journal Publication. If not satisfied, a hearing may be scheduled where you present your case. Our team represents you at the hearing if needed.

With a well-drafted legal response, the success rate is high. Most objections can be resolved by clearly distinguishing your trademark from cited marks and providing evidence of distinctiveness or prior use. Our team has a strong track record.

The most common grounds for trademark objection include: (1) Similarity to an existing registered or pending trademark (Section 11), (2) Lack of distinctiveness — descriptive or generic marks (Section 9), (3) Mark being customary in current language or trade practices, (4) Deceptive or confusing similarity, (5) Mark containing prohibited emblems or names. Understanding the objection ground is the first step in preparing an effective response.

Yes, after filing your objection reply, if the Registrar is not fully satisfied with your written submissions, a hearing may be scheduled. You can also proactively request a hearing to present oral arguments. During the hearing, you or your trademark agent can explain your case and respond to the Registrar's concerns directly. Our team represents you at hearings and presents strong oral arguments.

A Show Cause Hearing is a formal proceeding where the Trademark Registrar asks the applicant to show cause why the trademark should be registered despite the objections raised. It is typically scheduled after the written reply is filed if the Registrar needs further clarification. The applicant must present legal arguments and evidence to convince the Registrar that the trademark qualifies for registration.

Yes, you can apply to amend or limit your trademark application during the objection process. For example, you may restrict the specification of goods or services, or disclaim exclusive rights to a descriptive element. However, you cannot make substantial changes that alter the identity of the trademark. Any amendment must be approved by the Registrar. Our team advises on the best strategy for each case.

If your objection reply is rejected and the trademark is refused registration, you have the right to appeal the decision to the Intellectual Property Appellate Board (IPAB) or the High Court within 3 months from the date of the refusal order. An appeal involves presenting legal arguments challenging the Registrar's decision. Our team can assist with the appeal process if needed.