In India, a "reply to trademark objection” is an official written response usually filed by a trademark applicant to handle trademark objections raised by the trademark examiner against their application in a time duration of 30-days. This reply is also known as a “reply to examination report”; or”response to office action.”

The Indian Trademark Office has the right to object a trademark application based on particular grounds that are mentioned in Sections 9 and 11 of the Indian Trademarks Act. The common reasons for trademark objections are lack of uniqueness in submitted trademarks, overly detailed and generic, or showing similarity with already registered or pending trademarks.

Objections Under Section 11:

This section describes trademark objections related to the similarity between the existing trademarks and the proposed trademark.

• Identical Marks: When two trademarks are related to the same category with the same name or logo. This would object a trademark due to the same names or logos.
• Identical Marks: When two trademarks are related to the same category with the same name or logo. This would object a trademark due to the same names or logos.
• Similar Concept: When a different company or business shares similar concepts, it may lead to an objection.

Objections Under Section 9:

This section focuses on trademarks that might be overstated, lack a unique character, or could be misleading.

• Descriptive Terms: A trademark may be objected to if it directly describes the product or services.
• Lack of Distinctiveness: If you register a simple shape like the square for furniture, then individuals will reject it because it lacks a distinctive look.
• Deceptive or Misleading: Brands that can potentially mislead consumers by misrepresenting their products, such as “OrganicGarden” for a skincare range with non-organic products, can be objected to due to potential consumer deception.

The following documents should be submitted for the reply to trademark for addressing the objections effectively –

• Affidavits
• Any relevant government documents, such as MSME or FSSCI certificates
• Business cards and letterheads
• Invoices and bills
• Screenshots of social media pages or copies of advertisements

Upon receiving the examination report, submitting a detailed written reply quickly is important. On failing to submit the reply within a fixed timeframe it may result in the rejection of the application. The reply should be complete and present justifications, relevant proofs, and facts that confirm the trademark holds all requirements for valid registration.

If the reviewing officer finds the reply of the applicant convincing, the trademark will be published in the public journal. The general public has four months to review the trademark and raise any opposition related to it.

The following aspects should be carefully considered while drafting a reply –

• Analysis: It is important to understand and analyze the trademark objection completely. Any sort of uncertainty or doubt could lead to an insufficient reply.
• Drafting: When drafting the response, it should follow the specified format to avoid potential rejection of the objection. The reply should correctly describe the objection, including relevant applicable laws, differences between the contested marks, and prior rules. If some additional documents or proofs support the response, they should be included.
• Affidavit: If the objected trademark is ready to launch on digital platforms such as portals, social media sites, or e-commerce websites, an additional affidavit confirming the launch should be submitted with the reply.