Fill Your Details & Get Your Quote

Get Instant Quotation over whatsapp

Trademark Objection (Guaranteed Approval)

Mylegal Route Is The Answer.

Online Trademark Objection (Guaranteed Approval) Starts at Rs. 25000.00 / -
(Inclusive of all Expenses) Order Now

About Trademark Objection

A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.

But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month, that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.


Use of incorrect form

If the application is made in the incorrect form, in that case, the examiner has the full right to raise the trademark objection regarding the same. The examiner before objecting the application will make the statement for making the correction in the form.

Incorrect Trademark Applicant Name

The application form should mention the full name of all the partners/ proprietor of the business and it must be filed in the name of Partnership Firm. The same must be filed in form TM-16.

Failure to file trademark Form TM-48

If the application for trademark registration is filed by the Trademark Objection Attorney or an agent appointed for the same, then TM-48 shall be filed and an authorization letter shall be attached with it accordingly. The objection raised by the examiner can be rectified by filling the form TM-16.

Incorrect address on trademark application

While filling the application for trademark registration the applicant on whose name the trademark Objection is to be registered has to mention his detailed address. Principal base of the applicant has to be brought on record of the Dept. by filing a Form TM-16.

Vague specifications of goods and services

One of the reasons for raising a trademark objection by the examiner is a large number of goods and services mentioned in the application or the list of goods mentioned is too vague to be considered. In case such an objection is raised the applicant shall file the clarification in Form TM-16 to list the exact items.

The existence of similar trademark

The examiner can also raise an objection if while scrutinizing him finds that the proposed trademark is resembling or too similar to an already existing trademark or is identical to a mark which will confuse the existing public. In this case, the applicant can give his justification that the mark proposed to be registered is not identical to an existing mark.

Trademark lacks distinctive character

Distinctive character is that quality which distinguishes the goods and services of one person from another. If the mark proposed to be registered lacks such quality then it can be objected. The applicant to overcome such an objection must provide proof that the proposed trademark has its own character.

Trademark is deceptive

An examiner can also raise an objection if he is of the view that the proposed trademark can deceive the existing public in terms of its use, nature, quality. In such cases, the applicant can apply for exemption of goods/services by filing Form TM-16.

Trademark Objection Reply

  • It is mandatory in nature.
  • Generally need to be filed within 30 days.
  • If not filed, trademark shall abandon.
  • Always keep a track on Trademark examination report.
  • Trademark inspector may call you in person to clear any doubts.

Document Required

  • Power of Attorney
  • A basic Form to fill


Studying the Case Properly

The First Step is to study the facts of the case properly.

Prepare and Finalize TM 12

After studying the facts, prepare and finalize draft case properly.

Stop Ahead

After filing the TM reply the next step will depend upon the government reply.

Frequently Asked Questions

Yes, you can file the TM objection reply by your own, but hiring a Trademark attorney will always help as these people always have the experience of drafting replies to the point and the same will always help to add the value and get your TM application registered.

To avoid Trademark Objection, one needs to select a proper trademark, do deep study and also keep the following points in mind:

  • Deep research of the existing similar trademarks and thorough study of the database of trademarks.
  • Use of unique, specific and not general and non-descriptive words.
  • Avoiding deceptive, disparaging and offensive language.

If 30 days has been passed off from the issue of the TM Examination report, you can file the reply, if the status is still showing awaiting for the reply of examination report and not abandoned.

The TM Applicant needs to respond back the Trademark examination report within 30 days of the receipt of the report. When the applicant receives the Trademark examination report by personal or via his attorney then reply needs to filed within the 30 days mandatorily.

Once you saw that your trademark application status on IpIndia website is showing objected, then you need to go through the trademark examination report which you might received or you can dig out the same from IpIndia website.

Once saw the TM Examination report, you must need to file the reply within 30 days .

After filling the TM-12 i.e replying the TM objection raised by the trademark examiner it will take 30 to 60 days to change the status of the trademark application.

Trademark Objection refers to an objection raised by the trademarks examiner to register your trademark on different grounds which may include any one of the following:

  • The trademark appears to be similar to an existing mark in the trademark database.
  • The trademark contains phrases or symbols deemed to be offensive.
  • Trademarks which make use of geographical names or international proprietary names.
  • Trademark is identical or descriptive of goods/general//indicating quality or nature of goods.
  • If trademark appears to be in violation any of the points above, then the trademarks examiner can raise an objection and your mark will stand termed as 'Objected'.

The most common reasons for TM Objections are:

  • Objection of Section 9 – Trademark is descriptive or general in Nature
  • Objection of Section 11 – Similar trademarks are available in TM Database
  • Incorrect TM form used
  • Description in the TM-1 is not as per WIPO
  • Address in the TM application is incorrect
  • TM-48 or POA is not filed with the TM-1 form
  • Applicant name is not correct

If the trademark objection is not filed within the specified and reasonable time, then there is an option with the TM examiner to mark that Trademark application as Abandoned.

There are many reasons the TM Examiner raised the objections and some of them are:

  • Applicant have not used the correct Trademark form for Application
  • Applicant have used not used the correct Trademark Applicant Name
  • Applicant have not filled the correct details of the firm or firm type
  • The Trademark Form TM-48 (POA) has not been filed by TM Attorney
  • Applicant have mentioned incorrect address on the trademark application
  • The description in the TM Application is not as per WIPO
  • If the same trademark or a similar trademark already exists
  • If the trademark name is descriptive or general or offensive

Once the application of Trademark registration is filed in the respective Tm Department and examined by a Trademark Officer/Examiner, a trademark examination report is sent to the trademark applicant or person authorised by the trademark applicant. Trademark examination contains the status of the Trademark application, more than 70% application got the objected status, and for these 70%, the applicants needs to respond back the objection raised within 30 days of receipt of the TM Examination report.

Trademark Objection raised by the TM Examiner and is in the initial stage of the trademark registration, which easily gets cleared in most of the cases while the Trademark opposition can be said the last hurdle in getting a registered status in the Journey of trademark registration and raised by the general public after trademark gets published in the TM Journal.

Once the Trademark is Published in Trademark’s journal, there is four-month window will be given to the general public to raise the trademark opposition. Trademark opposition comes after the trademark objection gets cleared and the TM is already advertised or re-advertised in the TM Journal.


One stop for all your legal solutions. Mylegalroute offers the best services on time.Highly recommended.

One can expect the best legal advice & timely completion of the work.

Thankful to team Mylegalroute. They are like your true friend, you ask for favour & they are always for you to provide you with the best.

Commitment, transparency, timely delivery, patience etc , are the words to describe the services of Mylegalroute. They are simply the best.

When you think for corporate solutions ,you think for Mylegalroute.

Ease of doing business = Mylegalroute.

You name it,they provide it. Mylegalroute provide the best services in the market.

You can trust Mylegalroute for long venture. I have been associated with Mylegalroute for quite sometime & they have never disappointed me .They have always fulfilled their commitment.