Trademark Objection

DOCUMENTS REQUIRED

A trademark objection is an objection by the Trademark Registry when they have a reason to believe that the Trademark Application filed by an applicant has some error or defects or is same or similar to an existing Trademark.

After filing a trademark application, it goes through a process where a Trademark Examiner looks into the application and checks if there are any existing trademarks that are the same or similar to the one you’re applying for. The Trademark Examiner’s findings are put together in a document called the trademark examination report.

Conditions where Objection can be raised:

Reply to Trademark Objection

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Advantages of Objection Reply

If you want to continue and carry on using your distinctive trademark, filing and objection reply is pivotal.

Filing an objection reply within the 30 days of issue of the examination report is important as it prevents the Trademark Application filed by the Applicant from getting cancelled by the Trademark Registry.

Filing an objection reply with clear evidence and explanation backed by proper documents can improve the chances of obtaining approval of the trademark.

Difference between Trademark Objection and Trademark Opposition

Factors	Trademark Objection	Trademark Opposition
Issued by	Trademark Registry	Third Party
Fees	No	Yes
Reply Timeline	Within 1 month of the report	Within 4 months of publication
No Reply Effect	Cancellation	Abandoned
Stages	Before Opposition	After Objection

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What can be protected?	Product, Service, Word, Device, Collective Mark, Numbers, Certification Mark, Packaging, Shape, Colour, Pattern, Sound, Symbol, Slogan, Tag line.	Inventions, Product or Process.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films etc.
Eligibility	Distinctiveness and Uniqueness.	Novel, Unique and Industrial applicability.	Unique and Original work
Validity	10 years	20 years	Author’s lifetime + 60 years.