Trademark Objection

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The objected status of trademark application means that an objection is raised on the application filed by trademark department. An objection is raised on trademark application by a registrar due to number of reasons. Usually an objection is raised under section 9 and 11 of the trademark act.

Trademark opposition must be filed within thirty days after the date of publication in the Official Gazette, or within an extension period granted by the Board.

To initiate trademark opposition proceedings, a notice of trademark opposition can be filed by any person within four months of date of advertisement or re-advertisement of the application in the Trademark Journal. The trademark opposition must be on Trademark Form 5 in the prescribed manner and filed with applicable fees. The trademark opposition notice should contain the following information:-

  • Application against which trademark opposition is entered including trademark registration application number, class of goods or services for which trademark registration application was made and the name of applicant of the trademark application.
  • Details of the trademark opposition party including name and address.
  • The grounds for trademark opposition.


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File Trademark Objection reply

Timeline for application – check your trademark objection status

Publication in Trademark Journal


Authorization letter

Affidavit of usage

Examination report

Trademark hearing notice

Documentary proofs showcasing the actual use of the Trademark in commerce


The objected status of trademark application means that an objection is raised on the application filed by trademark department. An objection is raised on a trademark application by a registrar due to number of reasons. Usually an objection is raised under section 9 and 11 of trademark act.
The Trade Mark Registrar raises an objection for registration of a Trademark; the applicant has an opportunity to submit a written reply for the objection raised within the stipulated period of 30 days from the date of the receipt of the Examination Report.
The response to an objection in a trademark examination report can be submitted by the trademark applicant. The response can also be made by an agent authorized by the trademark applicant. This authorization is made by a Power of Attorney by the virtue of Form TM48 under the Trade Marks Act, 1999.
An objection can be raised by the Trademark Examiner,If the mark has potential for deception of the public by reason of something inherent in the mark itself or in its use, like nature, quality or geographical origin of the goods or services%#%Usage of scandalous or offensive words%#%Absence of unique signs and terms.%#%Official and Patriotic resemblances like flag or emblem.%#%Existence of identical marks in the industry.
Yes. An affidavit mentioning the usage of the Trademark has to be submitted mandatorily.


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