Overview 

A trademark Objection creates an improved checking system both for identity for the brand and its distinguishness from other products/services in the market. Hence protecting your brand is crucial if one wants to maintain its distinct identity. But what if someone stops you from claiming your right? What if someone tries to infringe your mark? For that, lets get to know the concept of trademark objection.  

What is Trademark Objection? 

Trademark objection is the 3rd step in the trademark registration process:

Step 1: Trademark Application Filing.

Step 2: Trademark Filing & Rectification Check

Step 3: Trademark Objection: Where the trademark examiner objects to your application for specific reasons. It is not a denial of your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability. He allows the applicant to explain how the said trademark fits the criteria to avail valid registration. This is a Trademark objection reply.  

Trademark Objection is generally of 2 types:

Under Section 9 & under Section 11, both have their own references. Let us understand them one by one.

Under Section 9: You will receive objection under section 9 like this:

Here Section 9 simply says

1. The objection is raised under S 9(1) (a) of the Trade Marks Act 1999, as the mark is non-distinctive and as such it is not capable

of distinguishing the goods of one person from those of others. The objection is raised under S 9(1) (b) of the Trade Marks Act 1999, as

the mark consists exclusively of words or indications which may serve in trade to designate the intended purpose of the goods or other

characteristics of the goods.

Hence, the above application is liable to be refused. Accordingly, you are

requested to submit your response/submissions, if any, along-with supporting documents, with in One Month from the date of receipt of

this Examination Report or you may apply for a hearing.

Please Note that if no reply is received or a request for a hearing is applied for within the above mentioned stipulated time ,the

said application shall be treated to have been abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999 and

there after the status of application in the computer database shall reflect the factual position

Now Comes Section 11 which appears like:

and it simply says, 

1. The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the

same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services.The detail of same/similar

trade marks is enclosed herewith

The objection is raised under S 11 (1) of the Trade Marks Act, 1999, as the mark is identical with or similar to earlier marks in

respect of identical or similar description of goods or services and because of such identity or similarity there exists a likelihood of

confusion on the part of the public.

Hence, the above application is liable to be refused. Accordingly, you are

requested to submit your response/submissions,