Intellectual Property
Trademark Objection
After you file a trademark application, the Registrar can raise an objection via an Examination Report, on various grounds — most commonly that your mark is similar to an existing one, or that your application has incomplete or incorrect information.
Get Free ConsultationOther Reasons for Objection
- A deceptive mark
- Lack of distinctiveness
- False specification of goods or services
- Offensive words, images, or symbols
- Obscene words, images, or symbols
Trademark Objection Reply
An objection is not the end of the road for your registration. You can respond within the stipulated time — analyse the grounds raised, see if they can be rectified, and reply accordingly.
- Understand the specifics of the objection and systematically address each point raised.
- If you have a valid claim, attach supporting case law and documents evidencing your trademark's uniqueness.
If a Third Party Opposes Your Mark
Once published in the Trademark Journal, third parties or the public can raise opposition. You'll be served a notice specifying the grounds, and can file a counterstatement within 2 months. The Registrar then hears both parties — ruling in your favour lets registration continue; ruling against you means rejection. Failing to file a counterstatement marks the application "Abandoned."
You always have the right to appeal to the Intellectual Property Appellate Board (IPAB), within three months of the Registrar's refusal order.
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