A Trademark Objection is a formal notice from the Trademark Office stating that your trademark application does not comply with certain legal requirements or conflicts with existing trademarks. This objection must be resolved before your trademark can proceed to registration.
Common reasons include:
| Reason | Explanation |
|---|---|
| Similarity to Existing Trademark | The mark is confusingly similar to a registered mark. |
| Descriptive or Generic Mark | Trademark is too generic or describes the product/service plainly. |
| Lack of Distinctiveness | The mark doesn’t sufficiently distinguish your goods/services. |
| Prohibited or Offensive Content | Contains scandalous, immoral, or prohibited elements. |
| Incomplete Application | Missing documents or incorrect information. |
| Deceptive or Misleading Marks | Misleading about the nature, quality, or origin of goods. |
| Type | Description |
|---|---|
| Preliminary (Section 11) | Based on absolute grounds, such as generic terms, lack of distinctiveness. |
| Relative (Section 11(1)) | Based on similarity/conflict with prior existing trademarks. |
| Formal Objection | Deficiencies in paperwork or formalities. |
Carefully Read the Examination Report
Issued by the Trademark Office within 1-3 months of filing
Prepare a Written Reply
Explain why your mark should be accepted
Provide legal arguments and evidence supporting distinctiveness
If similarity is objected, differentiate your mark or request coexistence
Submit the Response Online
Usually within 1 month from the date of objection (extendable by 1 month)
Hearing (If Required)
If the examiner is not convinced, a hearing notice is issued
Present your case personally or through a trademark attorney
Decision
If satisfied, trademark proceeds to publication
If not, the application can be rejected (appealable to IPAB)
Use precedent cases and trademark law to support your claim
Show evidence of prior use and distinctiveness
Amend the application if possible (change wording, restrict goods/services)
Hire a professional trademark attorney for complex objections
| Stage | Duration |
|---|---|
| Examination Report | 1-3 months after filing |
| Response Period | 1 month + 1-month extension |
| Hearing & Final Decision | 3-6 months |
Your trademark application will be abandoned/rejected
You may lose the chance to register that trademark
