Loading...
We handle the complete process for your Trademark Objection right here in New Delhi. Get certified quickly and legally with our expert local team.
Professional Fee: ₹2,299 | Govt Fee: ₹0 | Total: ₹2,299 (incl. govt fees)
Fill out the form below and our experts will contact you shortly.
A trademark objection is a critical hurdle in the registration process where the Trademark Examiner raises preliminary concerns about your application's validity. Issued via a formal Examination Report under Section 9 (Absolute Grounds) or Section 11 (Relative Grounds) of the Trade Marks Act, an objection halts your application from being published. Failing to file a legally sound, comprehensive reply within exactly 30 days will lead to the outright abandonment of your trademark. Our specialized intellectual property attorneys expertly analyze the examiner's claims and draft compelling, evidence-backed responses to overcome the objection and secure your brand's future.
Transparent, all-inclusive – no hidden line items.
Inclusive of professional + estimated govt fee
I-Pro specialist handling, drafting & filing
Statutory fee, passed through at cost
Professional Fee: ₹2,299 onwards | Govt Fee: ₹0 | Total: ₹2,299 (incl. govt fees)
The starting fee of ₹2,299 covers specialist consultation, document preparation, the government filing fee, and tracking until you receive the final certificate. Additional government fees may apply for objections, renewals, or expedited processing.
Typical turnaround at I-Pro Solutions is Filing in 7–10 business days; Registration takes 6–18 months, from the moment I-Pro Solutions receives all your documents and information. Complex cases or government delays can extend this; your specialist will flag any risks early.
Most filings require identity proof (PAN/Aadhaar/passport), address proof, business registration documents, and (for IP filings) examples of use. An I-Pro Solutions specialist will send a tailored checklist within 24 hours of starting.
If a filing is rejected due to an error by I-Pro Solutions, I-Pro Solutions will refile at no extra cost and refund the service fee. If the rejection is due to information you provided, I-Pro Solutions will work with you to fix and refile at a discounted fee.
A trademark examination report is an official document issued by the Trademark Registry after their preliminary review of your application. It outlines any legal objections or discrepancies they have found, such as the mark being too generic (Section 9) or too similar to an existing mark (Section 11).
You have exactly 30 days from the date you receive the examination report to file a comprehensive legal reply. In the digital age, this is usually calculated from the date the report is dispatched or published on the IP India portal.
Gather these documents for your New Delhi application.
If you fail to file a reply within the 30-day window, the Trademark Registry will automatically mark your application as 'Abandoned'. This means your application is dead, and you will have to start the entire process (and pay the fees) all over again.
Yes, but it is not automatic. You must file a specific petition (Form TM-M) requesting an extension of time, paying an additional government fee. The Registrar has the discretion to grant or deny this request, so it's best to avoid needing it.
A Section 9 objection is raised on 'Absolute Grounds'. This usually means the examiner believes your trademark is not distinctive enough—for example, it is merely descriptive of the goods, a common geographical name, or a generic dictionary word.
A Section 11 objection is raised on 'Relative Grounds'. This occurs when the examiner finds that your trademark is identical or confusingly similar to an earlier trademark that is already registered or pending in the same or similar class of goods/services.
While legally possible, it is highly discouraged. Responding requires citing specific case laws, interpreting complex legal statutes, and drafting formal affidavits. A poorly drafted, DIY response is almost guaranteed to result in a hearing or outright rejection.
An Affidavit of User is a sworn, notarized legal document that proves you have been actively using the trademark in commerce. It is often crucial for overcoming Section 9 objections by proving your mark has acquired 'distinctiveness' through extensive market use.
Strong evidence includes sales invoices featuring the trademark, GST returns, CA certificates of turnover, brochures, website domain registration, social media metrics, and proof of advertising expenditure. The older the evidence, the better.
No. The examiner will review your reply. If they are completely satisfied with your legal arguments and evidence, they will 'Accept' the mark, and it will proceed to publication in the Trademark Journal. This review can take several months.
If the written reply does not fully convince the examiner, they will not reject the application immediately. Instead, they will schedule a 'Show Cause Hearing', where an attorney must physically or virtually appear before the examiner to argue the case verbally.
No attorney or firm can guarantee registration, as the final decision rests entirely with the government's Trademark Registrar. However, utilizing expert legal counsel drastically increases your probability of successfully overcoming the objection.
No. You cannot make substantial alterations to the trademark itself during the objection phase. If you change the core identity of the mark, you must abandon the current application and file a completely new one.
The Trademark Registry generally sends an email to the registered address. However, it is much safer to regularly track your application status on the IP India portal, as relying solely on email notifications can lead to missed deadlines.
Section 11 objections are significantly more complex. They require deep analysis of multiple competing trademarks, extensive legal research to differentiate your brand, and usually the drafting of an exhaustive Affidavit of User, demanding much more attorney time and expertise.