A trademark objection is a common but serious stage in the trademark registration process. It arises when the Trademark Examiner raises concerns after reviewing your application. An objection does not mean rejection, but it does require a timely, legally sound reply.
At Vivek Tiwari & Company (Tiwariv), based in Dwarka Sector 23B, New Delhi, we assist applicants with precise, practical, and compliant handling of trademark objections before the Indian Trade Marks Registry. Our role is to ensure that your brand application moves forward without avoidable delays or refusals.
A trademark objection is issued under the examination stage when the Registrar finds issues related to law, similarity, descriptiveness, or documentation.
Most objections arise under Sections 9 or 11 of the Trade Marks Act, 1999.
From experience, many applicants lose marks simply because their replies were drafted casually or filed late.
The objective of a trademark objection is not to deny registration outright. It is meant to:
Prevent confusion among consumers
Protect existing registered or applied trademarks
Ensure compliance with statutory requirements
Maintain distinctiveness in the trademark register
A properly drafted reply addresses these objectives with legal reasoning and factual clarity.
Yes, in many cases, an objected-to trademark can still be used. However, usage depends on:
Trademark objections are governed by:
The process generally follows these steps:
Missing deadlines often results in abandonment. This is one of the most common compliance failures we see in practice.
A strong reply is not generic. It includes:
Include correct legal references and citations
Clear distinction from cited marks
Evidence of usage, if applicable
Justification of distinctiveness
Proper formatting and annexures
At Tiwariv, replies are drafted specifically to address the raised objection, not using templates.
For effective handling, we usually require:
Incomplete documentation often weakens the reply and can lead to refusal of the application.
Based on real cases handled at our Dwarka office, frequent issues include:
Missing the 30-day reply deadline
Copy-paste replies without legal reasoning
Ignoring Section 11 similarity objections
Filing replies without evidence
These mistakes often lead to refusal or abandonment, which is difficult to reverse.
Local professional presence in Dwarka Sector 23B
Hands-on experience in trademark objection matters
Case-specific drafting, not generic replies
End-to-end handling, including hearings, if required
Clear communication and compliance tracking
Clients approach us for clarity, not just filing.
If you have received a trademark objection or fear missing a deadline, consult Vivek Tiwari & Company (Tiwariv) at our Dwarka Sector 23B office.
We provide practical, law-based guidance to protect your brand and move your application forward with confidence.
