Trademark Objection Reply Process

In case, the Examiner raises objections, a reply has to be filed within the stipulated time ( 30 Days ).

• Read the Examination Report

  Trademark Attorney will analyze the reason of objection and check level of similarity or descriptiveness.

• Prepare & File Reply to Examination Report

  A reply clarifying the issues raised in the Examination Report needs to be prepared and filed within the stipulated time frame. If the reply is not filed on time, the application may be Abandoned.

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Documents Required

No Documents are required, to file an examination report. In case you are changing the attorney, Power of Attorney is required.

The response is drafted by the Trademark Agent / Attorney, the same is share with you.

Handling Trademark Objections

The Examination Report is publicaly available on the IPIndia Website. You can go to IPIndia EStatus and enter your application id in the format of “7235235” and get an examination Report.

This link is an example of an existing examination report. Sample Examination Report for Trademark Indu Scans.

Government Examiner can only reject your report on the bases of 2 Sections according to the Trademarks Act.

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Generic or Descriptive (Section 9)

1. Lack of Distinctivenes Words too common or generic and can not act as trademark.

   Example: “Best” for clothes and “Shimla” for Cigarettes.

2. Descriptive Marks Words that directly describe the product or its features.

   Example: “Poshak” for clothes and “Sofa Maker” for consutancy

3. Customary in Current Language Words that are commonly used in everyday language or trade practice.

   Example: “SUPER” and ”PREMIUM”

Reply Strategy for Objections (Section 9)

1. Not Common in Trade & Creates Identity The mark is not commonly used in the market and is not a general word. It creates its own unique identity and needs some thinking or imagination to connect it with the goods/services.

2. Not Descriptive but Suggestive The mark does not directly describe the product or its features. It only hints at the product, so a person has to use some imagination to understand the connection.

3. No Generic Use & Can Be Exclusive The mark is not widely used by others in the industry, and there is no proof that it is a common term. It is distinct enough to be used exclusively by the applicant.

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Similar & Confusing (Section 10)

Objections is raised if your mark looks or sounds like an existing brand in the same business, and public might get confused. If all three are present, the Examiner can raise an objection.

Types of Similarity in Trademarks

1. Visual Similarity When two marks look alike in spelling, lettering style, color, or overall appearance.

   Example: “PEPSI” vs “PEPSIS”

2. Phonetic Similarity When two marks sound similar when spoken, even with different spellings.

   Example: “ZARA” vs. “Zaira” vs “Xara” vs “Jaaraa”

3. Conceptual Similarity Words that are commonly used in everyday language or trade practice.

   Example: ”SUN Pharma” and “SURYA Pharma"

4. Trade Dress / Get-up Similarity When packaging, bottle shape, color scheme, or overall presentation is deceptively similar.

   Example: Green background and fonts (Bilseri vs Bisleri).




5. Device/Logo Similarity When figurative/device marks like symbols, icons, or mascots resemble each other.

   Example: Two brands using nearly identical Crocodile logos.




Reply Strategy for Objections (Section 11)

1. Marks are different They look different, sound different, and feel different.

2. No chance of confusion Even if some parts are similar, the overall impression of both marks is different.

3. Different Goods / Services They are used for different types of businesses, so confusion is unlikely.

4. Common Element Cannot Be Monopolised The similar part (if any) is a common or public word, and no one can claim exclusive rights over it.