+91- 93107 66086
Mon - Sat 10:00-19:00
Free Consultation

Trademark Objection

Secure Your Brand's Protection Today with Tax Mother!
Trademark Objection

    At Tax Mother, we understand the significance of protecting your brand and its unique identity. We specialize in providing comprehensive solutions to overcome trademark objections.

    Take the First Step Towards Protecting Your Brand. Contact Tax Mother Now!

    Trademark Objection

    Protect Your Brand with Tax Mother

    As a business owner, protecting your brand and intellectual property is crucial in today’s competitive market. One way to safeguard your unique identity is by obtaining a trademark. However, the journey to securing a trademark in India is not without its challenges. Trademark objections can arise, potentially hindering the registration process.

    Remember, protecting your brand is not just a legal necessity; it is an investment in the long-term success and recognition of your business. Don’t let trademark objections hinder your brand’s growth.

    Understanding Trademark Objections

    Overcome Trademark Objections with Tax Mother!

    Trademark objections can be complex, but with Tax Mother’s expertise, they can be successfully resolved. When you submit a trademark application, it undergoes a thorough examination by the Trademark Registrar. The Registrar may raise objections based on various grounds to ensure compliance with legal requirements. Some common grounds for objections include:

    • Similarity with Existing TrademarksIf your proposed trademark resembles an already registered or pending trademark, the Registrar may raise objections to prevent confusion among consumers.
    • DescriptivenessTrademarks that merely describe the goods or services offered may lack distinctiveness, leading to objections from the Registrar.
    • Generic TermsTrademarks consisting of common or generic terms may face objections due to their lack of uniqueness and distinct character.
    • Offensive or Immoral ContentTrademarks containing offensive, immoral, or scandalous content can be objected to on moral grounds.
    • Deceptive MarksIf a trademark is likely to deceive or cause confusion regarding the origin or quality of goods or services, objections may arise.
    • Against Public PolicyTrademarks that violate public policy, promote illegal activities, or infringe on the rights of others can face objections to protect public interests.

    Types of Trademark Objections

    Understand the Grounds for Objections

    Trademark objections in India can be categorized into two main types: absolute and relative grounds.

    • Absolute GroundsObjections arise when the Registrar identifies issues with fundamental principles of trademark registration. These objections are based on inherent characteristics of the trademark itself, such as descriptiveness, generic nature, or lack of distinctiveness.
    • Relative GroundsObjections occur when the trademark is similar or identical to an existing trademark in the same or related class of goods or services. These objections focus on the potential confusion or likelihood of association between the two trademarks.

    Resolving Trademark Objections with Tax Mother

    Expert Assistance by Tax Mother

    Upon receiving a trademark objection, it is essential to respond promptly and effectively. The following steps outline the process of addressing trademark objections:

    • Objection LetterThe Trademark Registrar issues an objection letter stating the grounds for objection and provides an opportunity for the applicant to respond within 30 days.
    • Preparing a ResponseTo overcome the objections, a well-crafted response must be prepared, addressing each ground of objection with appropriate legal arguments and supporting evidence.
    • Filing a CounterstatementThe response, commonly referred to as a counterstatement, should be filed within the stipulated time, presenting a compelling case for the trademark's uniqueness and distinctiveness.
    • Registrar's DecisionAfter receiving the counterstatement, the Registrar evaluates the response and decides whether to accept or reject the trademark application. If accepted, the trademark proceeds to the next stage of publication in the Trademark Journal.
    • HearingIn some cases, a hearing may be scheduled if the Registrar deems it necessary to resolve any outstanding issues or gather additional information.
    • Publication and RegistrationOnce the trademark application is published in the Trademark Journal, it is open for opposition by third parties for a period of four months. If no opposition is received, the trademark moves towards registration.

    Documents Required

    For Trademark Objection Reply

    When preparing the response to a trademark objection, certain documents are typically required to support the arguments made. These documents may include:

    • Power of Attorney (Form TM 48)If the trademark application is filed by an attorney or agent, a Power of Attorney form executed by the applicant is necessary.
    • Evidence of DistinctivenessDocuments, such as market surveys, consumer testimonials, or sales data, can be submitted to demonstrate the distinctiveness of the trademark.
    • Legal PrecedentsPrevious court decisions or legal precedents that support the arguments made in the response can strengthen the case.
    • AffidavitsAffidavits from the applicant or other relevant parties attesting to the unique nature of the trademark or addressing specific grounds of objection can be included.
    • Examination Report of Trademark and Application NumberThe examination report issued by the Trademark Registrar highlighting the objections raised and the application number assigned to your trademark.
    • Identification and Address ProofValid identification and address proof of the trademark applicant or the authorized signatory. This could include documents such as Aadhaar card, passport, voter ID, or driving license.
    • Supporting Evidence of Trademark in Commercial UseIn cases where the objection is raised due to the non-use of the trademark, it is essential to provide supporting evidence that demonstrates the trademark's commercial use. This can include invoices, sales receipts, advertisements, brochures, or any other relevant documentation showcasing the usage of the trademark in connection with the goods or services.

    The Difference Between Objection and Opposition

    It's crucial to understand the distinction between trademark objection and trademark opposition.

    While both involve challenges to a trademark application, they occur at different stages of the registration process.


    Trademark objection occurs during the initial examination of the application by the Trademark Registrar. The Registrar raises objections based on specific grounds, and it is the applicant’s responsibility to respond to address those objections within the given timeframe.


    Trademark opposition, on the other hand, happens after the trademark application has been accepted and published in the Trademark Journal. During the opposition period, which lasts for four months, third parties have the opportunity to oppose the registration of the trademark by providing valid reasons for their opposition.

    Why Choose TaxMother

    Advantages of Working with Us

    As a leading trademark consultant firm, Tax Mother offers numerous advantages that set us apart from the competition:

    • ExpertiseOur experienced trademark consultants have in-depth knowledge of Indian trademark laws and regulations. We stay updated with the latest changes to provide you with accurate and reliable advice.
    • Personalized GuidanceWe understand that every trademark objection is unique. That's why we offer personalized guidance tailored to your specific needs. Our consultants take the time to understand your brand and provide customized strategies for resolving objections.
    • Clear CommunicationWe believe in transparent and effective communication. Our team will explain the objection process in simple terms, keeping you informed at every step. We are always available to address your questions and concerns promptly.
    • Proven Track RecordOver the years, Tax Mother has successfully assisted numerous clients in overcoming trademark objections and securing their brand's protection. Our satisfied clients stand as a testament to our expertise and dedication.
    Safeguard Your Brand with Tax Mother

    Filing a trademark application is a crucial step in establishing and protecting your brand identity. However, trademark objections can pose challenges along the way. With Tax Mother by your side, you can navigate the trademark objection process with confidence. Our dedicated team of trademark experts will guide you through the entire journey, from analyzing the objection to crafting a strong response and representing you in hearings, if required.


    Contact Tax Mother, the leading trademark compliance firm in India, and let our expertise and experience help you overcome trademark objections, secure your trademark registration, and ensure your brand stands out in the competitive market.