Objected Trademark
Don’t Let a Trademark Objection Derail Your Brand—Let Experts Handle It!
Have you received a Trademark Objection notice from the Trademark Registry? Don’t panic—this is a common hurdle in the registration process and can be effectively handled with the right legal support. At Ruchita Dang & Associates, we specialize in responding to trademark objections and ensuring your brand moves swiftly toward registration. With our team of legal experts, we have helped hundreds of businesses overcome objections and protect their trademarks.
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What is a Trademark Objection?
A Trademark Objection is an initial refusal issued by the Trademark Examiner during the examination stage. It doesn’t mean your application is rejected—just that further clarification or a legal response is required to move forward.
Common grounds for objection include:
- Similarity to existing trademarks
- Lack of distinctiveness
- Use of offensive or prohibited terms
- Incomplete or inaccurate documentation
Why Did You Receive an Objection?
Some common reasons your trademark may be objected to:
- Section 9 Objection: Descriptive or lacking distinctive character.
- Section 11 Objection: Conflict with existing trademarks (similar or identical).
- Incorrect classification of goods/services.
- Use of generic or common words.
- Inappropriate use of geographical names or surnames.
Our Trademark Objection Services Include:
- Detailed Examination Report Review
- Drafting and Filing a Legally Sound Reply to Examination Report (ER)
- Continuous Follow-up with the Trademark Registry
- Hearing Representation (if required)
- Monitoring further updates until registration
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Online Trademark Objection Process
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Documents Required
- Copy of Trademark Examination Report
- Copy of Trademark Application (TM-A)
- Power of Attorney (if we are representing you)
- Supporting documents (proof of usage, brand literature, website links, etc.)
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Frequently Asked Questions
An Objected Trademark refers to a trademark application that the Trademark Examiner has pinpointed during the scrutiny process. The objection is generally raised under Section 9 or Section 11 of the Trademark Act, 1999, and is caused by reasons such as similarity or lack of distinctiveness.
An objection to the Trademark could happen due to certain reasons like your mark being too similar to an existing trademark, being non-distinctive, or misleading. Also, it could be a case of non-compliance with legal standards. The Professional Objected Trademark Services will be there to assist through the objection and respond accordingly.
In order to protect your Objected Trademark, a reply to the Examination Report is to be filed within a time span of 30 days starting from the day it is received. A skilled Objected Trademark Consultant will be at your service to create a strong legal response that will take care of all the points raised in the objection.
Once you have submitted your reply, the Trademark Examiner will evaluate your answer. The mark is published in the Trademark Journal if the Examiner is satisfied. Otherwise, a hearing is set and the Objected Trademark Services provide support for both writing and hearing representation.
The necessary documents are the Examination Report, Power of Attorney (Form TM-48), evidence of trademark use, and supporting documentation such as invoices or ads. The Objected Trademark Services help in gathering and filing the entire set of required documents.