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Trademark Objection Reply

 


Trademark Objection Reply in India – Full Guide

What is a Trademark Objection?

A Trademark Objection is a preliminary refusal raised by the Trademark Examiner during the examination stage of your trademark application. It appears in the Examination Report (Form TMR) under Section 9 or 11 of the Trademarks Act, 1999.

It does not mean your trademark is rejected — only that you must respond properly to proceed.


Documents Required to File Objection Reply:

  1. Examination Report (PDF from TM Registry)

  2. Power of Attorney (if filed by agent/attorney)

  3. Affidavit of use (if applicable)

  4. Supporting documents like:

    • Invoices or bills using the mark

    • Website screenshots or brochures

    • Social media posts, ads, or articles

    • Domain registration

    • Trademark search reports


Step-by-Step: Filing a Trademark Objection Reply

Review the Examination Report Carefully

Identify whether it’s a Section 9 or 11 objection and the grounds mentioned.

Draft a Proper Reply to the Objection

Include:

  • Legal reasoning defending the trademark

  • Case references (if needed)

  • Proof of use or distinctiveness (if applicable)

  • Clarifications on differences from cited trademarks

File Reply Online Using Form TM-M

  • Must be filed within 30 days from receipt of the examination report

  • Reply is uploaded via the IP India website

Wait for Hearing Notice (if needed)

  • If Registrar is satisfied → application moves to advertisement in Journal

  • If not satisfied → hearing notice is issued

Attend Trademark Hearing (if called)

  • Present evidence, defend the mark, and argue the case before the officer


Government Fee:

  • 1,000 if filed via attorney/agent (under TM-M)

  • No fee if replying directly via the Examination Reply section on the TM portal


Why Choose SSA TAX for Trademark Objection Reply?

We help you with:

  • In-depth examination report analysis

  • Drafting strong legal reply with relevant evidence

  • Filing the reply before deadline

  • Representing you in Trademark Hearings

  • Ensuring your application proceeds smoothly to registration


Trademark Objection Received?

Don’t delay! Contact SSA TAX now and protect your brand with a professional response.
WhatsApp or call us today for expert drafting and filing services.