How to Respond to Trademark Objections in 2025

Often during the trademark registration process, startup owners can face the issue of a trademark objection when the trademark registrar or an individual might file an objection to your trademark registration. But you can sort this out by following specific, easy steps. 

Trademark Registration

A trademark can be defined as the logos, designs, or words companies and startups use to set up an identity for their products and differentiate them from those of other companies. Such trademarks also help the customer or consumer relate to them and their products. Trademark registration is the process of registering your trademark with a country's government. The registration assures the startup owner that no one will use their trademark, and infringement protection comes forth in this case. 

Process of Trademark Registration

• Vienna codification is to be carried out.

• Filing the trademark registration and application is done by the company owners.

• The examiner confirms if all the documents are submitted and issues a report.

• The exam report would be set up by the registrar.

• A trademark would be published in the trademark journal for third parties to object.

• In case there are no objections, the trademark would be issued.

To follow the trademark registration seamlessly, you can rely on the professionals of Lawgical India, who are experts in their field.

Trademark Objection

A trademark objection can be filed by either the registrar or any third party because of a similar and already existing trademark or incomplete information on the company’s part. Upon filing the objection, the person opposing it must also include the grounds for filing the opposition. The registrar will provide a proper opportunity to the applicant to fight against this case of objection. 

Steps to undertake when your trademark registration faces an objection

• File a counterstatement

The first step you must undertake is to file a counterstatement againstt the objection to your trademark registration process. It’s essential first to gather evidence against the objection and only then file a counterstatement. If you fail to file a counterstatement against the trademark objection within 2 months, your application will be deemed abandoned.

• The registrar would call for a hearing

The next step would be taken by the registrar as and when he calls a meeting to discuss the trademark objection. Now, the registrar would hear the stances from both sides and pronounce his judgment. If his judgment favours the person who filed the objection, read on to find out what you can do.

• Applicant must file an appeal to the Intellectual Property Appellate Board

 If the registrar made a judgment in favor of the objector. The Ashe company owner or the trademark applicant can file an appeal to the Intellectual Property Appellate Board (IPAB).

• Monitor the proceedings

Further, the application made by you would be regulated and monitored. During this period, you need to stay in touch with the registrar and adhere to their dedeadlinesfter this, the trademark registrar would conduct a final hearing applicant would clarify the objections, and you would be granted permission to use your trademark. 

As mentioned earlier, those were steps to fight against the trademark objections in 2025.

FAQs

1. What is a trademark objection and why does it happen?
A trademark objection occurs when the registrar or a third party finds issues such as similarity to an existing trademark or incomplete documentation in your application.

2. How do I respond to a trademark objection in India?
You must file a counterstatement within 2 months of receiving the objection notice, along with supporting evidence and documentation.

3. What happens if I don’t reply to a trademark objection?
If no counterstatement is filed within 2 months, your trademark application will be considered abandoned.

4. Can I still get my trademark registered after an objection?
Yes, if your response convinces the registrar or the Intellectual Property Appellate Board (IPAB), your trademark can still be approved.

5. What is the timeline for trademark objection resolution in India?
It typically takes 3–6 months depending on the complexity of the case and the speed of hearings.

6. What documents are needed to reply to a trademark objection?
You’ll need the objection notice, a power of attorney, proof of use of the trademark (if applicable), and your counterstatement.

7. What is the cost of replying to a trademark objection?
Costs vary, but professional assistance from firms like Lawgical India typically starts around ₹2,500–₹5,000, depending on the case.

8. Can I reply to a trademark objection myself?
Yes, but it is strongly recommended to take help from legal professionals to ensure the response is accurate and comprehensive.

9. What is Vienna codification in trademark registration?
Vienna codification is an international classification of the figurative elements of marks used during trademark examination.

10. Why should I choose Lawgical India for trademark registration or objection reply?
Lawgical India offers expert legal consultation, document filing, and end-to-end support to ensure smooth trademark registration and effective handling of objections.