Trademark objection, Trademark Objection Reply, documents required for Trademark objection, ebizfiling, trademark registration, trademark examination

All about Trademark Objection under Section 9

All about Trademark objection under Section 9- process, documents, the format of reply

After the examination of all trademark applications, the registrar finally decides on whether the application can be accepted or not. If not accepted, the registrar will mark the application as objected with specific reasons. The examination report will also be communicated to the applicant/trademark agent for submitting a reply to the examination report. Trademark Objection is the second stage of the process of Trademark Registration. All the Trademark applications submitted are examined by the Registrar of Trademarks. Wherein if the Examination Report says that the Trademark has been objected then, it is necessary to file Trademark Objection Reply within the stipulated time with all the necessary documents.


The Trade Marks Office can, for various reasons, have objections to your trademark application. This may be because the word or logo is too similar or resembling to an existing trademark, or for various other reasons. Law gives you an opportunity to respond professionally and reply to trademark objections raised. You must file your response to this objection within a month from when the Examination Report has been published online. If you don’t, the Registrar may abandon your application.

Reasons for Trademark Objections

Following are the major reasons for marking the application and areas objected by the Registrar of Trademark:

  • If the trademark does not have a distinctive character or is not capable of distinguishing the goods or services.
  • If the trademark applied for registration is very similar to the marks that have been already registered or applied for.

Trademark Objection Reply: Basic Requirements

Once a trademark objection report is filed the following should be done importantly:

  • Reply within 30 days of getting the report
  • The applicant also has to file the reply to the same within 30 days of the objection. If the reply is not filed within 30 days, the application will be declared abandoned.
  • If an extension of Time for Reply beyond 30 days is required the applicant has to apply for an extension of time for filing a reply in Form TM-M with requisite (₹900.00).

Points to be remembered while filing reply to Trademark Objection

The Trademark Objection Response

If the registrar believes that the application is liable for objection, then the status of the application is changed to OBJECTED. A copy of that examination report also is communicated to that trademark agent stating the reason for the objection and the applicant also has to file a reply to the same within 30 days of the objection.

Analyse the examination report

The basic step is to analyse and examine the report and to determine the reason for the objection being raised.

Draft a reply to the Objection

The next step is to prepare an objection reply, which mentions the proper answer to the objection that is being raised with the supporting rule of law and judgements which support your claim. Along with that, you can also provide all other supporting documents and evidence that validates the response.

Deadline for reply

The reply to objection has to be mandatorily filed within 30 days of the examination report with supporting documents.

In case Reply is accepted

If the response is accepted successfully, the application shall be processed further for registration and advertisement in the Trademark Journal.

If the application is rejected

If the application is not accepted, the registry will mark the matter for hearing, and the date and time will be notified to the Trademark Agent.

Documents required for filing trademark objection reply:

A formal reply to the examination report is compulsorily required to be submitted with sold clarifications and evidence on to why the application is to be accepted. Following are the documents that are required for filing the reply for the Trademark objection.

  • Power of Attorney
  • Reply to Examination Report
  • Documentary proof of Trademark in commercial use. This includes documents like invoices, letterheads and communications, visiting cards, screenshots of websites, brochures, financial statements, and all other evidence where the trademark is being used.

The applicant usually gets an opportunity of being heard and the chances of Trademark being rejected straight away is very less. If the objection reply is filed perfectly then the chances of getting the trademark rejected are very less.

Suggested Read: Types of Trademark that can be registered in India?

About Ebizfiling -

EbizFiling is a concept that emerged with the progressive and intellectual mindset of like-minded people. It aims at delivering the end-to-end incorporation, compliance, advisory, and management consultancy services to clients in India and abroad in all the best possible ways.
To know more about our services and for a free consultation, get in touch with our team on or call 9643203209.

Author: team-ebizfiling

The team Ebizfiling believes in providing well researched, truest and verified information to its clients and readers. The team works continuously towards enhancing to make it a no. one platform not only for providing the best services but also for providing information to everyone through the website.

Follow Author

Leave a Reply

Your email address will not be published.


  • Client Review, Ebizfiling

    Ahmed Shaikh

    23 Sep 2018

    Ms. Ishani and other team members are very helpful in the entire process of GST filing.

    I really appreciate their support superb team.


  • Ebizfiling

    Gautam Chhabria

    01 Oct 2019

    These guys deliver on their promise..

  • Ebizfiling


    05 Apr 2019

    Awesome Service! I am very happy with the way the process is being handled. Snehal also followed up constantly to ensure that the items are completed on time successfully. Thanks for your service.

Hi, Welcome to EbizFiling!

Hello there!!! Let us know if you have any Questions.

Thank you for your message.

whatsapp Call Now Button