Trademark Objection Services by Tax Pal Solutions
Trademark objections are common in the registration process, but they don’t mean rejection. At Tax Pal Solutions, we specialize in helping businesses reply to objections quickly and effectively, ensuring your brand identity remains protected and your application moves forward smoothly.
What is a Trademark Objection?
A trademark objection is an official notice issued by the Trademark Examiner when an application does not meet certain legal requirements or conflicts with existing marks.
- It is not a rejection, but a request for clarification.
- Objections are generally communicated through an Examination Report.
- Applicants must respond within a set time (typically 30 days in India).
Why Do Trademarks Face Objections?
Trademark objections arise for multiple reasons. Below are the key grounds:
- Absolute Grounds (Section 9) – Lack of distinctiveness, deceptive, offensive, or misleading marks.
- Relative Grounds (Section 11) – Conflicts with existing registered trademarks.
- Procedural Issues – Errors in filing forms, missing authorizations, or vague descriptions.
Trademark Objection vs Trademark Opposition
| Feature | Trademark Objection (by Examiner) | Trademark Opposition (by Third Party) |
|---|---|---|
| Stage | During initial examination | After acceptance & publication in journal |
| Raised By | Trademark Examiner (Registry) | Third parties (individuals, firms, companies) |
| Form of Notice | Examination Report | Opposition Notice (Form TM-O) |
| Purpose | Compliance with Trademarks Act | Protect interests of existing brands |
| Reply Timeline | 30 days | 4 months |
| Fees | No govt. fee, only professional/legal drafting | Govt. fees + professional fees required |
| Next Step | Acceptance, hearing, or rejection | Counter-statement, evidence, hearings, decision |
Documents Required for Objection Reply
When replying to an objection, Tax Pal Solutions ensures all necessary documentation is prepared, including:
- Power of Attorney (Form TM-48)
- Examination report copy or application number
- Applicant’s ID & Address proof
- Evidence of trademark usage (invoices, ads, packaging, business cards, social media)
- Affidavit of usage
- Certificates (e.g., MSME, FSSAI if applicable)
- Detailed written reply with legal arguments
Process of Replying to a Trademark Objection
At Tax Pal Solutions, we follow a structured approach:
- Examine the Objection – Analyze the Examination Report carefully.
- Draft a Legal Reply – Prepare a comprehensive response addressing each objection.
- Attach Supporting Evidence – Provide proof of usage and distinctiveness.
- Submit Reply on Time – File within 30 days to avoid abandonment.
- Monitor Status – Track updates from the Trademark Registry.
- Attend Hearing (if required) – Represent clients before the Examiner.
Costs Involved
| Service Component | Fees in INR |
|---|---|
| Trademark Attorney Drafting | ₹1,899 |
| Affidavit & Notary | ₹100 |
| Govt. Fee | Nil |
| Total | ₹1,999 |
What Sets Tax Pal Solutions Apart
- 500+ MCA Certified Experts
- 10,000+ Trusted Client Reviews
- 2500+ Businesses Served Monthly
- Pan-India Coverage with End-to-End Support
Can You Use Your Trademark During Objection Status?
Yes, you can continue using your trademark while it is under objection. However, you do not receive full legal protection until the objection is resolved and the mark is successfully registered.
How Tax Pal Solutions Helps You
- Professional drafting of replies under Sections 9 & 11
- End-to-end documentation support
- Hearing representation, if required
- On-time filing to avoid rejection
- Affordable and transparent pricing
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