Protect your brand identity—legally, quickly, and without confusion. Biz Pillar manages your trademark search, application filing, and documentation under the Trade Marks Act, 1992, so you can focus on building your brand.
A trademark objection in India arises when the trademark examiner or a third person raises concerns regarding the registrability of a trademark application filed under the Trade Marks Act, 1999. Such objections are typically stated in the examination report and may be based on absolute or relative grounds.
What is a Trademark Objection?
A Trademark Objection is a formal "pause" in your application process. Here it is in short:
Status: It appears as ‘Objected’ on the portal after the Registrar examines your application.
Not a Rejection: It is an opportunity to defend your mark, not a final "no."
Main Reasons:
Section 9: The mark is too generic or descriptive.
Section 11: The mark is too similar to an existing trademark.
The Requirement: You must file a written reply with arguments and evidence within 30 days.
Goal: To prove your mark is unique and deserves legal protection so it can move toward registration.
Trade Marks Act, 1999: Governs objections under Section 9 (absolute) and Section 11 (relative) grounds.
Examination Report: Issued by the Registrar to identify concerns like similarity or lack of distinctiveness.
Response Deadline: Requires a detailed written reply and supporting evidence within 30 days.
Grounds for Trademark Objection
Under the Trade Marks Act, 1999, objections are primarily raised on two legal grounds:
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Essential Documents for Registration
To build a strong legal defense, you must provide documents that prove your mark’s uniqueness or prior use.
Standard Authorization & Reports
Form TM-48 (Power of Attorney): A legal document authorizing our IP attorneys to act and file on your behalf.
Examination Report: A copy of the official report issued by the Registrar citing the specific grounds for objection.
Applicant Identification
Identity Proof: Aadhar card, PAN card, or Passport of the individual applicant or authorized signatory.
Address Proof: A recent utility bill or bank statement reflecting the correspondence address.
Evidence of Usage (The Most Critical Element)
Affidavit of Usage: A notarized document stating the exact date since which the trademark has been in commercial use.
Commercial Proof: High-resolution copies of product labels, invoices, website screenshots, and social media advertisements that prove the mark is actively being used in the marketplace.
Comparison with Similar Business Structures
Objection vs. Opposition: Know the Difference
