A trademark objection is raised by the Registrar during examination when the application faces issues such as similarity to existing marks or lack of distinctiveness, under Sections 9 or 11 of the Trade Marks Act, 1999.
'Objected' status means the Registrar has examined the application and raised concerns that must be addressed by the applicant before the trademark can proceed to publication.
You can check the status by visiting the IP India website, navigating to the Trade Marks section, and searching using your application number.
The applicant must file a reply to the examination report within 30 days from the date of its issuance.
Carefully review the examination report, identify the grounds of objection, gather supporting evidence, and draft a well-reasoned reply addressing each point raised by the Registrar.
Key documents include Form TM-48 (authorization), the examination report, ID and address proof, an affidavit of usage, and proof of commercial use of the trademark.
Not necessarily; an objection may apply to specific classes or goods/services only, depending on the grounds raised by the Registrar.
Failure to respond within 30 days can result in the application being marked as abandoned, losing your priority date and requiring a fresh filing.
If the Registrar is not satisfied with the written reply, a show-cause hearing is scheduled where the applicant can present additional arguments and evidence.
Yes, if the reply and any subsequent hearing satisfy the Registrar's concerns, the application is accepted and proceeds to publication in the Trademark Journal.
Once accepted, the trademark is published in the Trademark Journal, and if no opposition is filed within 4 months, it proceeds toward registration.
An objection is raised by the Registrar during examination, while an opposition is filed by a third party after the mark is published in the Trademark Journal.