Trademark Objection

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After evaluation of your trademark application, the Office of the Controller General of Patents, Designs & Trade Marks may send you an objection notice, such objections are generally raised under Section-9 or Section-11 of the Trade Marks Act, 1999.

Objection under Section-9

Objection can be raised under Section-9 and the trademark application can be refused on absolute grounds, that is to say, that the trademark is not capable of distinguishing the goods or services of one person from those of another person.

Objection under Section-11

Objection can be raised under Section-11 and the trademark application can be refused on relative grounds, that is to say, that there exist a likelihood of confusion on the part of the public, in case the trademark is identical or similar to an earlier trademark.

Time limit for filing reply to trademark objection

As per the Trademarks Act, 1999 it is mandatory to file a reply to trademark objection within a period of 30 days from the date of receipt of examination report. However, the 30 days time limit can be extended by paying official fee of Rs.900 to the trademark registry.

In case no reply is filed to trademark objection

As per the Trademarks Act, 1999 in case reply to trademark objection is not filed within the stipulated period of 30 days the application shall be abandoned by the trademark registry.

Affordable Packages

3,000

+ Tax

Includes drafting of reply to trademark objection in case of conflicting marks cited by the trademark examiner and providing citation of case laws to support the reply

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Affordable Packages

Basic

₹ 3,000

+ Tax

Includes drafting of reply to trademark objection in case of conflicting marks cited by the trademark examiner and providing citation of case laws to support the reply

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