Response to Trademark Objection Services in India
Expert Trademark Objection Reply Online
Received a trademark objection? Tax Pal Solutions helps you draft and file your Trademark Objection Reply accurately and within the deadline. Overcome objections effectively and ensure smooth progress of your application.
Key Features:
- Minimize rejection risk with expert-written replies
- In-depth review of Trademark Examination Report
- Support across multiple trademark classes
- Real-time updates on filing status
- End-to-end guidance from trademark professionals
What is a Trademark Objection Reply?
A trademark objection reply is a formal written response submitted to the Trademark Registry when an examiner raises objections under Section 9 or Section 11 of the Trade Marks Act, 1999.
A proper reply:
- Addresses each objection point-by-point
- Includes legal reasoning, case laws, and supporting evidence
- Increases chances of trademark registration
Understanding the Examination Report
| Feature | Description |
|---|---|
| Official Communication | Lists objections from the Trademark Examiner after reviewing your application |
| Detailed Objections | Provides reasons your trademark may not be accepted |
| Legal Basis | Mentions relevant sections of the Trade Marks Act, 1999 (e.g., Section 9 or 11) |
| Search Report | Annexure listing similar or identical marks |
| Online Availability | Accessible via IP India portal using your application number |
Trademark Objection Reply Timeline
- Deadline: 30 days from issuance of the Examination Report
- Importance: Timely filing prevents abandonment
- Online Filing: Available via IP India e-filing portal
- No Automatic Extensions: Delay can risk application abandonment
Consequences of Non-Filing:
- Abandonment of the trademark application
- Loss of government fees and priority date
- Need to refile and restart the process
Documents Required for Filing a Reply
| Document | Purpose |
|---|---|
| Examination Report | Official objections issued by the Trademark Registry |
| Trademark Application Details | Includes application number, filing date, and mark representation |
| Proof of Prior Use | Invoices, sales, advertisements, website screenshots |
| Affidavit of Use | Notarized statement of trademark usage history |
| Supporting Affidavits | Evidence from customers or industry experts |
| Legal Arguments & Case Laws | Relevant sections and precedents supporting the reply |
| Power of Attorney (TM-48) | Required if filing through an attorney |
| Identity & Address Proof | PAN, Aadhaar, or company registration |
| Amendments (TM-M) | If modifications to the application are needed |
How to Draft a Trademark Objection Reply
-
Analyze the Examination Report
- Understand each objection and its legal basis
- Identify potential weaknesses or procedural issues
-
Formulate Legal Strategy
- Address each objection specifically
- Cite relevant laws and judgments
- Consider amendments to the application if necessary
-
Draft the Reply
- Structured and professional response
- Include strong arguments and evidence
-
Gather Supporting Evidence
- Invoices, advertisements, brochures, website screenshots
- Affidavits and proof of prior use or distinctiveness
-
Finalize and File Online
- Review thoroughly for accuracy
- Submit via IP India e-filing portal within 30 days
Recommended Reply Format
| Section | Details |
|---|---|
| Header | Applicant/Company Name, Address, Contact Information, Application Number |
| Subject | Clear statement: "Reply to Examination Report for Trademark Application No. XXXX" |
| Introduction | Polite acknowledgment of objections, intention to respond |
| Point-wise Rebuttal | Systematic response to each objection |
| Legal Arguments | Broader legal reasoning and relevant case laws |
| Evidence of Use | Attach supporting documents like invoices, advertisements |
| Prayer | Request to accept the trademark application and withdraw objections |
Filing the Trademark Objection Reply Online
- Access the IP India E-filing portal
- Log in with your credentials
- Navigate to “Reply to Examination Report”
- Enter your trademark application number
- Upload the main reply PDF and supporting documents
- Review all submissions for accuracy
- Submit the reply and download the acknowledgment receipt
Charges for Trademark Objection Reply
| Fee Type | Description |
|---|---|
| Government Fee | Usually none for reply itself; Rs. 900 for TM-M amendments or extensions |
| Professional Fees | Rs. 2,000 – 15,000 depending on complexity and number of objections |
Factors influencing fees: complexity of objection, number of objections, research required, and experience of the professional.
Post-Reply Process
- Examination Review: Officer evaluates your response
- Acceptance or Hearing: Either move to journal publication or schedule a hearing
- Journal Publication: If accepted, open for public opposition for 4 months
- Acknowledgment Receipt: Proof of submission with application number and date
Tracking Your Trademark Objection Reply
- Portal: IP India e-Register or Trademark Status page
- Statuses:
- Objected / Awaiting Reply
- Reply Submitted / MIS-Processed
- Ready for Show Cause Hearing
- Accepted & Advertised
- Refused or Abandoned
Certification
