Rs 3,999.00 All inclusive. No hidden charges
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Over 2500+ Objections Filed

TM Objection Cost

at Just Rs 3,999.00, No hidden charges
Price Breakdown

Filing Time

Reply Filing to Objection 3 Days
Objection Process

Documents Required

Only 2 Simple Documents are needed
Objection Documents
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Questions? Call us on 0704 2601 803

 

Objection Cost Breakdown


 
Trademark Consultancy on Objection Free
Government Fees Rs 500
Affidavit Preparation + Reply Filing Rs 974
Service Tax Rs 525
Lawyer/Attorney Rs.2000
Total Cost Rs 3,999

Get all the information by mail

 

Documents Required for Reply Filing


 

Objection Reply Filing requires 2 Simple Documents

TM Receipt of Objected Trademark
Power of Attorney (Stating we are filing Objection on your behalf)
 
 

Trademark Objection Information


What is Trademark Objection?

Trademark Objection refers to a refusal by the trademarks registrar to register your trademark on grounds which may include any one of the following:

  • The trademark appears to be similar to an existing mark in the market.
  • The trademark contains phrases or symbols deemed to be offensive.
  • Trademarks which make use of geographical names or international proprietary names.

In case a trademark appears to be in violation any of the points above, then the trademarks registrar can raise and objection and your mark will stand termed as ‘Objected’.

 

Trademark Objection Process

2 Working Hours

In case you filed your initial trademark application through us, we would let you know in case it has been objected by the registrar less than a month from the publication of the examination report which contains the objection. If you are a new customer, it’s advisable that you get in touch with us within a month of the report being published.

 

2 Working Days

Our lawyers will get in touch with you to understand your case in detail and will draft the correct response and affidavit (if required) and the response will be submitted.

 

30 Working Days

In case the Registrar rejects the initial response, an interview will be arranged; wherein, the arguments will be presented in person to the registrar. Following which, if the government is convinced with the response given, the objection on the trademark will be lifted within an 18 months timeframe.

 

Money Back Guarantee

If you are not satisfied for any reason, we will refund your money minus the Government fees. No questions asked

 

How long does it take?


OBJECTION FILING
1-3 Working Days
 
  • Inform us with the status of trademark along with the ID.
  • We will scrutinize the reason for objection.
  • Based on the reason we will frame an appropriate response to the Registrar.
If he is convinced enough then your trademark will be out of objection within 18 months but, if not then a personal interview is scheduled.
OBJECTION INTERVIEW
1-3 Working Days
 
  • An Interview is scheduled with the Registrar/Examiner
  • The Trademark Owner/Power of Attorney needs to be present.
  • Justification and explanation is given to the Registrar.
If the justification satisfies and convinces the examiner then it will uplift the objection.
*NOTE: We Charge Extra for Trademark Hearing
OBJECTION CLEARANCE
1-2 Years
 
  • The Trademark owner has justified himself with appropriate response
  • The Examiner is convinced by the response or the hearing
  • The Trademark is awarded a clean report by the Registrar/Examiner
The objection will be withdrawn and the trademark is passed on for further registration.

Get all the information by mail

Why Respond to Trademark Objection


 
APPLICATION ABANDONED
 
A response to the trademark objection will more likely give you a chance to get through your registration if a proper justification is delivered to the trademark examiner. Otherwise, your trademark application will be rejected.
 
LOSE BRAND NAME
 
So, you have been using the TM symbol and already recognized in the market and then suddenly this objection pops up! In order to save the brand name you need to respond to the objection and get the clearance.
 
NO TRADEMARK RIGHTS
 
If the trademark is objected and you don’t respond, the registration remains pending & your trademark gets abandoned over a period of time. So, to be in business and enjoy the trademark rights & keep oppositions away you need to respond to the Trademark Objection.
 

Frequently Asked Questions


How to proceed if your Trademark file has been objected?

If the examiner objects a trademark file then, the examination report citing the objections can be viewed in the Trade Mark Registry website. A written response statement needs to be filed by the applicant within 30 days of receiving the examination report from the department or if not received when it comes to your knowledge that reports got issued online. Failing to overcome all the objections raised by the examiner within the stipulated time of 30 days will lead to the abandonment of the trademark. The abandonment puts you into the position in which you were before filing the application – meaning, you’ve lost your money spent on the filing.

What is Trademark Attorney?

Trademark attorneys highly specialize in dealing with trademark laws and offering assistance with filing of trademarks as well as responding to lawsuits for objection and other related cases.

What will happen if you do not respond to a Trademark Objection?

If there is an objection on your trademark then you need to put in effort and respond to the objection in order to retain the trademark rights, otherwise there can be the following consequences;

  • You application can be rejected due to the lack of interest of the trademark owner in responding to the trademark. A response to the trademark objection will more likely give you a chance to get through your registration if a proper justification is delivered to the trademark examiner. Otherwise, your trademark application will be rejected.
  • You can lose your brand's identity in the market that you have been working under a recognized TM. In order to save the brand you need to respond to the objection and get the clearance.
  • If you do not respond to a trademark objection then it is more likely that the trademark will be removed from the registry and thereby you will lose the trademark rights. So, to be in business and enjoy the trademark rights & keep oppositions away you need to respond to the Trademark Objection.

 

What is the difference between Trademark Objection and Trademark Opposition?

A trademark opposition means that a party can stop another party from using their brand, product or service mark, whereas a trademark objection is given by the examiner itself and not by any third party.

What are the reasons for Trademark Objection?

  • Lack of distinctiveness (Section 9): When the Registrar/Examiner considers the trademark to be generic and descriptive of the goods/laudatory/indicating the quality or nature of the good, and then the trademark doesn’t stand out in the market and is objected.
  • Similarity with pending or registered marks (Section 11): When there is an identical/similar trademark in respect of identical/similar goods/services already on record in the Trade Mark Registry.

How to avoid Trademark Objection?

To avoid Trademark Objection, you need to select a proper trademark and for that keep in concern the following points:

  • In-depth research of the existing trademarks and thorough study of the database of trademarks.
  • Thinking of out-of-the-box, innovative, creative fancy and arbitrary mark which strikes consumers and potential customers.
  • Avoiding deceptive, disparaging and offensive language.
  • You can also take the advice of the trademark attorney and consult the Trademark Manual of Examination Procedure (TMEP) for further help.
  • Also, the trademark should give the feel of the quality product and a visible outpost of the company.

When can I use ® with my Trademark

The ® mark can be used the application gets approved from the government. Generally it takes about 8 months to 2 Years for a TM to be approved.

Do I have to hire an attorney when filing for Trademark Objection?

A trademark application can be filed by your own. Attorney’s are needed for complex cases that might arise after you file your trademark. Trademark is a simple thing to file and hence, you can even file the trademark application online to save time and money. Also, you can even start the trademark process by using online services and then later on switch to trademark attorneys, if needed.

 

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