Is your trademark status showing “Objected”? Learn what it means, common reasons for objections, and how to respond effectively. A 2025 guide for Indian businesses.
If your trademark status shows “Objected” on the IP India website, don’t panic. This does not mean your trademark application is rejected. It simply means the Trademark Examiner has raised certain concerns or objections under the Trademarks Act, 1999.
In this blog, we’ll explain:
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What does “Objected” mean in a trademark status?
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Top reasons why trademarks get objected in India
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Step-by-step guide to file a reply to trademark objection
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How to avoid objections in the future
Let’s decode the entire process so you can secure your brand name legally and hassle-free.
What Does “Trademark Objected” Mean?
When you apply for trademark registration in India, your application is examined by a Trademark Officer. If the examiner finds issues under Section 9 or Section 11 of the Trademarks Act, they raise an objection.
Trademark Status: Objected means that your application has not yet been accepted and requires further action – usually a formal written response (reply to examination report) from you or your trademark attorney.
Common Reasons for Trademark Objections in India
1. Lack of Distinctiveness – (Section 9)
If your trademark is too generic, descriptive, or common, the examiner may object saying it lacks distinctiveness.
Example: “Pure Soap” for soap products may be deemed too descriptive.
2. Similarity with Existing Trademarks – (Section 11)
If your trademark is identical or deceptively similar to an already registered mark, an objection will be raised under Section 11.
Example: Applying for “Micromaxx” may lead to an objection due to similarity with “Micromax”.
3. Incorrect Filing Information
Errors such as incorrect classification of goods/services (wrong NICE class), wrong applicant name, or incomplete details can lead to objections.
4. Use of Prohibited Words or Symbols
Using terms like “Gandhi”, “Ashoka Chakra”, “National”, or religious symbols without authorization may be objected to.
How to Respond to a Trademark Objection in India
Here’s a step-by-step guide to reply to a trademark objection:
✅ Step 1: Read the Examination Report Carefully
Understand the exact reason for objection – whether it’s Section 9 (generic) or Section 11 (similar to existing marks).
✅ Step 2: Draft a Trademark Objection Reply
Prepare a well-reasoned legal response with supporting documents, case laws, and evidence proving the distinctiveness or originality of your mark.
✅ Step 3: File Reply on IP India Portal
Reply must be filed within 30 days from the date of examination report. Late submission may lead to abandonment of the application.
✅ Step 4: Attend Hearing (if scheduled)
If the Registrar is not satisfied with the written reply, a hearing may be scheduled. Appear with your legal representative and present your case.
Documents Required for Trademark Objection Reply
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Power of Attorney (if filed by an agent or lawyer)
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Examination Report
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Evidence of prior usage (Invoices, Website, Brochures, Social Media)
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Affidavit of usage (if applicable)
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Case laws (to support legal arguments)
Timeline After Filing the Reply
Step | Estimated Time |
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Filing reply | Within 30 days |
Examination of reply | 3–6 months |
Hearing (if scheduled) | 1–2 months |
Acceptance or Refusal | 1–3 months |
Tips to Avoid Trademark Objection in Future
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Conduct a trademark search before applying
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Avoid descriptive or generic words
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Don’t copy existing names or logos
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File under correct class
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Hire a trademark attorney to draft a strong application
FAQs on Trademark Status: Objected
Q1. Is “Objected” the same as “Refused”?
No. “Objected” means concerns have been raised. “Refused” means the application has been rejected.
Q2. Can I continue using my brand name if the status is Objected?
Yes, but registration will be on hold until the objection is resolved.
Q3. Is there a fee for filing an objection reply?
No government fee, but professional fees may apply if you hire a lawyer.
Q4. What happens if I don’t file a reply?
The application may be deemed abandoned.
Conclusion
A trademark objection is not a rejection. With proper legal advice and a strong response, you can overcome the objection and move ahead toward successful registration of your brand name.
If you need help with drafting a trademark objection reply in India, get in touch with a professional trademark lawyer or legal expert.
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This content is for general information only, not a legal advice. For specific legal concerns, contact Lawfluencers at hello@lawfluencers.com!