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Trademark Objection & Opposition Reply

Trademark objection and opposition reply in India: examination report, hearings, counter-statement and evidence.

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Reply to objectionUsually 30 days
Opposition window4 months from publishing
We handleReply, hearing, evidence
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If the registry objects to your trademark, or someone opposes it, you have a limited time to respond. We prepare the reply, appear at hearings and keep the application alive.

Two different situations

  • Objection: the registry examiner finds a problem with your application, such as a similar existing mark or a mark that only describes the goods
  • Opposition: someone else objects after your mark is published in the Trademark Journal

If you get an objection

You receive an examination report with the reasons. You must reply within the time given, which is usually 30 days. If you do not reply, the application can be treated as abandoned.
  1. 1Send us the examination report.
  2. 2We study the reasons and the earlier marks they refer to.
  3. 3We prepare a written reply with legal arguments and evidence, such as proof of use.
  4. 4If the registry calls a hearing, we appear for you.
  5. 5The registry either accepts the mark for publication or refuses it. We then advise next steps, such as an appeal.

If someone opposes your mark

You receive a notice of opposition. You must file a counter-statement within the time given, otherwise your application can be treated as abandoned. Both sides then file evidence, and there is a hearing.

  • We prepare the counter-statement
  • We collect your evidence: sales, bills, advertising and use dates
  • We handle the evidence stages and the hearing
  • We explore a settlement with the other party when it makes sense

Documents helpful for a reply

  • Examination report or notice of opposition
  • Proof of use: invoices, advertisements, website and social pages with dates
  • Sales figures and awards, if any
  • Any agreement with the other party

Time

Replies to objections take a few days to prepare. Oppositions can take a year or more. We give you an honest view of the chances before you commit.

Common questions

Does an objection mean my mark is refused?

No. It is a request to explain. Many objections are resolved with a good reply or a small change, such as limiting the goods.

What if I miss the deadline?

The application can be treated as abandoned. If this has already happened, tell us at once, as there may be a way to revive it.

Can I oppose someone else’s trademark?

Yes, if their mark is similar to yours. You must act within four months of their mark being published. We prepare and file the notice.

How much does it cost?

It depends on the case. We quote after reading the report or notice.

Get a quote

General information, not professional advice. Tax rates, limits and due dates change, so we confirm the current position for your case before we file. Government fees are separate from our service charge and are quoted before work begins.