Draft & File Your Objection Reply Online
The objection are raised by the trademark office by way of examination report concerning similarity with other similar trademark likely to cause confusion and impedes registration, the reply is to be filed within 30 days from date of generation of examination report failing wich the application for registration will be refused.
Contact us for drafting reply +91-7827973775 | 9810203697
Absolute and Relative Grounds for Trademark Objection in India
A trademark application may face an objection or refusal under the Trade Marks Act, 1999, if the proposed mark fails to meet the legal requirements for registration or conflicts with an existing trademark. The two principal categories of examination objections are Absolute Grounds under Section 9 and Relative Grounds under Section 11.
Absolute Grounds for Refusal – Section 9
Section 9 deals with the inherent registrability of a trademark. An application may be objected to on absolute grounds in circumstances such as the following:
-
Lack of Distinctiveness: The proposed trademark does not have a distinctive character and cannot distinguish the applicant’s goods or services from those of other businesses.
-
Descriptive Marks: The mark consists of words or expressions that directly describe the type, quality, purpose, characteristics, or other attributes of the goods or services.
-
Generic or Common Expressions: The mark comprises terms that have become customary in the current language or established trade practices.
-
Deceptive or Misleading Marks: The trademark is of a nature that may mislead the public regarding the quality, origin, nature, or other characteristics of the goods or services.
-
Prohibited or Offensive Matter: The mark contains scandalous or obscene elements, or matter whose use is prohibited under applicable legal provisions, including relevant restrictions concerning religious sensitivities.
-
Restricted Emblems and Names: The proposed mark contains emblems, names, or other elements prohibited from registration under the Emblems and Names (Prevention of Improper Use) Act, 1950.
Certain marks may still qualify for registration where the applicable statutory exceptions are satisfied, including acquired distinctiveness in appropriate cases.
Relative Grounds for Refusal – Section 11
Section 11 primarily concerns conflicts between the proposed trademark and earlier trademarks or other legally protected interests. An objection may arise in the following circumstances:
-
Conflict with an Earlier Trademark: The proposed mark is identical or similar to an earlier trademark, and the relevant goods or services are identical or similar, creating a likelihood of confusion or association.
-
Visual, Phonetic, or Conceptual Similarity: The mark resembles an existing trademark in its appearance, pronunciation, meaning, or overall commercial impression, potentially misleading consumers.
-
Conflict with a Well-Known Trademark: The proposed mark may take unfair advantage of, or cause detriment to, the distinctive character or reputation of an earlier well-known trademark, where the statutory requirements are met.
-
Earlier Trademark Rights and Goodwill: The application may conflict with prior trademark rights, including certain earlier unregistered marks protected through passing-off principles and other rights recognised under applicable law.
How Legal Assistance Can Help with a Trademark Objection
Legalese Law Firm provides legal assistance in trademark examination objections, trademark registration, examination report responses, and related intellectual property matters. Each case is assessed on its individual facts to determine the appropriate legal response.
A trademark objection requires a careful assessment of the examination report, the relevant provisions of the Trade Marks Act, 1999, and the supporting documents. Depending on the circumstances, an appropriate response may involve legal submissions, evidence of acquired distinctiveness, clarification of the goods or services, or an analysis of differences between competing marks.
Fill the Contact Us Form
Our trademark lawyer will connect.
Examination Report will be analysed
Our experts will draft reply & Will share for approval.
The reply will be Successfully filed
Any trade name, picture, logo, scheme of colours, sound, shape, image, domain name label can be registered as trademark.
Registration Process passes through four stages
- Prior Search
- Filing of Trademark Application
- Reply to Objections raised by Trademark Examiner
- Acceptance Registration
Trademark registration takes 6 to 8 months
- Trademark name /logo
- Type of goods Services
- Name Address of the Applicant
- User Proof in case of priority usage
Registration is valid for a period of 10 years & can be renewed thereafter for same period
The registration granted is applicable throughout the country
For each application fee of INR 4500 for individual & INR 9000 for company/society/trust is payable in case of MSME or Startup company Govt fee INR 4500/-
Symbol ™ can be used after the trademark name is applied for registration and ® is used after registration.
Yes, an applicant can file Multiple application this is called brand extension but for each application separate fees is payable.
Yes, this is necessary for listing of products , this is to identify your goods from other competitors and avoid trademark disputes.
The startup are entitled to seek fee concession of 50 % on the govt Fee amounting to INR 4500
The MSME are entitled to seek fee concession of 50 % on the govt Fee amounting to INR 4500
1. Concept of a Well-Known Trademark
Well-Known Trademark has earned significant recognition among the public, so much so that unauthorized use-even in unrelated classes-may suggest a misleading connection with the brand. It enjoys broad protection across all categories of goods and services.
2. Legal Basis
-
Section 2(1)(zg) of the Trade Marks Act, 1999: Defines a well-known trademark.
-
Section 11(2) & (6–9): Provides the statutory grounds and factors for determining a mark as well-known.
-
Rule 124 of Trade Marks Rules, 2017: Lays down the procedure for seeking recognition of a mark as well-known.
3. Who Can Apply?
Any person — natural or juristic — claiming to be the proprietor of a well-known trademark may file an application to the Registrar of Trademarks under Rule 124.
4. Application Process for Well-Known Trademark
📝 Step-by-Step Procedure:
-
Fee:
-
₹1,00,000 per mark (as per the 2017 rules).
-
-
Supporting Documents (as applicable):
-
Details of trademark registrations/applications in India and abroad.
-
Sales figures, turnover, and advertising expenses.
-
Market surveys, media coverage, and consumer recognition.
-
Evidence of enforcement actions, court decisions, or rulings recognizing the mark.
-
List of infringement cases or oppositions involving the mark.
-
-
Examination by Registry:
-
The Registrar evaluates the application without opposition from third parties.
-
Registrar may publish the mark in the Trademarks Journal before final listing.
-
-
Listing:
-
If accepted, the mark is included in the official list of well-known trademarks published on the IP India website.
-
5. Factors Considered by the Registrar
-
Recognition of the mark by the relevant public.
-
Duration, extent, and geographical area of use.
-
Promotion and advertising efforts.
-
Registration or recognition in foreign jurisdictions.
-
Record of enforcement or successful protection against misuse.
6. Protection Granted
Once registered as a well-known trademark, the mark is entitled to:
-
Cross-class protection (i.e., protection beyond its own class).
-
Stronger enforcement rights against dilution, tarnishment, or misuse.
-
Priority in examination during opposition or rectification proceedings.
-
Refusal of registration to similar marks even in different goods/services.
7. Conclusion
Registering a mark as well-known is a strategic move for brand owners seeking long-term exclusivity and brand insulation. It provides a robust defense mechanism against brand dilution and unfair commercial advantage by third parties.
✆ +91- 7827973775 | 9810203697 | 0124-4014769 ✉ legaleselawfirm@gmail.com, trademark@legaleselawfirm.com
+91-7827973775 | 9810203697 | 0124-4014769
E-mail :
legaleselawfirm@gmail.com,
contact@legaleselawfirm.com
