Understanding the Objection Notice
- The objection is raised by the Registrar in the form of an Examination Report.
- It outlines the legal or procedural reasons why the application is not accepted as-is.
- The notice includes the applicable sections of the Trade Marks Act, 1999.
- It provides a one-month deadline from the date of issuance to respond.
Preparing a Trademark Objection Reply
- The reply should address each objection raised in the Examination Report.
- It must be drafted clearly and legally, citing relevant case law or precedents where appropriate.
- Supporting documents may include proof of prior use, distinctiveness, or market reputation.
- A well-reasoned explanation can improve the chances of acceptance.
Filing the Reply
- The reply is submitted online through the official Trade Marks Registry portal.
- The form used for reply submission is typically Form TM-M (for miscellaneous applications).
- All attachments should be properly formatted and signed with a digital signature.
- A confirmation receipt is generated after successful submission.
Possible Outcomes After Reply
- If the Registrar is satisfied, the application status changes to Accepted & Advertised.
- If not satisfied, the Registrar may issue further objections or schedule a Show Cause Hearing.
- Failure to respond or inadequate justification may lead to Refusal of the trademark.
- In case of a hearing, oral arguments and additional documents may be presented.
Tips for Effective Response
- Engage a qualified trademark attorney or agent for drafting the reply.
- Avoid generic justifications; focus on legal grounds and evidence of use or uniqueness.
- Make sure to track the deadline carefully and respond within time to avoid abandonment.
- Review past cases with similar objections for better understanding and strategy.



0 Comments