Getting a trademark objection is stressful, but it’s not the end of the road. DigiAstra Consultancy Services takes the weight off your shoulders by drafting a professional trademark reply that gets your registration back on track.
We deliver expert, legally sound responses within 5 to 10 working days, ensuring your brand stays protected without the headache.
If your brand name or logo feels like a “twin” to one already registered, you’ll hit a wall. This check prevents brand confusion and protects the rights of existing owners. To avoid a confusingly similar flag, your identity needs to be clearly different from anything already in the trademark registry.
You can’t claim exclusive rights to words that just describe your product—like calling a water brand “Cold”. These generic marks lack the “uniqueness” the law requires. Since everyone needs these words to describe their goods, the government won’t let one person own them.
Honesty is non-negotiable for brand protection. If your mark tricks customers about what they are buying—like labeling synthetic fabric as “100% Organic”—it will be flagged. Any mark that misrepresents the quality or origin of your goods is a major red flag for IP India.
Your branding has to play by the rules of society. Anything considered offensive, immoral, or that promotes illegal activity will be rejected. If the language or imagery goes against public policy, the registrar will stop the application immediately.
To get your trademark status to “Registered,” your mark has to stand out in a crowd. If your design is too simple or common, it fails to help consumers identify you. This is a frequent cause for a Section 9 objection, as the mark doesn’t “distinguish” your business from others.
You can’t “borrow” the government’s authority to make your brand look official. Using national flags, official seals, or protected international symbols without permission is a guaranteed way to get an objection. These emblems are legally protected and off-limits for private branding.
A trademark objection occurs when the Registrar of Trademarks finds errors or issues in your application, such as incorrect details, similarity with existing marks, or lack of distinctiveness.
No. An objection is not a rejection. It simply means the Registrar has raised queries or issues that need clarification. If you respond correctly within the given time, your application can still be approved.
You are required to reply within 30 days from the date of receiving the Examination Report. Failure to respond within the timeline may result in your application being abandoned.
If you don’t file a reply within the stipulated time, your trademark application will be considered abandoned and you will lose the application fee.
Yes, but it is strongly recommended to seek professional assistance, as drafting a proper reply requires legal expertise and the right supporting documents.