Trademark Objection
Received an Examination Report objecting to your trademark under Section 9 or Section 11? Our IP attorneys craft aggressive, evidence-backed legal replies to overcome the registry's objections and move your application to publication.
Key benefits
- Application Rescue: Prevents your trademark from being marked 'Abandoned' by the registry.
- Expert Arguments: We cite binding High Court and Supreme Court precedents to argue why your mark is distinct.
- Evidence Structuring: We help you compile invoices, domain registrations, and marketing spend to prove 'acquired distinctiveness'.
- Hearing Representation: Complete end-to-end handling if the examiner demands a Show Cause Hearing.
Documents required
- The Examination Report issued by the Registry.
- Power of Attorney (Form TM-48) authorizing us to act on your behalf.
- Evidence of brand usage (invoices, social media, domain registration).
- User Affidavit (notarized).
How it works
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1
Objection Analysis
We evaluate whether the objection is under Section 9 (Absolute Grounds - generic/descriptive) or Section 11 (Relative Grounds - conflicting marks).
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2
Evidence Compilation
Gathering substantial evidence to prove that the public associates the mark exclusively with you.
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3
Drafting & Filing
A comprehensive legal response is drafted and filed within the mandatory 30-day statutory window.
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4
Hearing (If required)
If the written reply isn't accepted outright, we appear at the video-conference Show Cause Hearing to argue your case.
Frequently asked questions
I got an objection. Is my trademark dead?
No. Over 60% of applications face an initial objection. A well-argued reply usually overcomes it. However, silence is the only guaranteed failure — it automatically abandons in 30 days.
What is the difference between an Objection and an Opposition?
An objection is raised by the government examiner. An opposition is filed by a third party (a competitor) after the mark is published in the journal.
Do I need to attend the hearing personally?
No. Our registered trademark attorneys appear on your behalf under the TM-48 authorization.