Trademark Objection & Opposition
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Received an examination report or an opposition against your trademark application? We draft a strong, well-reasoned reply and represent you at hearings before the Trade Marks Registry to protect your brand.
What is a Trademark Objection and Opposition?
A trademark objection is raised by the Trade Marks Registry in its examination report, usually because the mark is descriptive, lacks distinctiveness, or is similar to an existing trademark. The applicant must file a reply within 30 days of receiving the examination report, failing which the application may be treated as abandoned.
A trademark opposition is filed by a third party after your mark is advertised in the Trade Marks Journal. Anyone can oppose within 4 months of advertisement, and the applicant must file a counter-statement within 2 months of receiving the notice of opposition. Both sides then file evidence and are heard.
Documents Required for Objection Reply / Opposition
To respond to an objection or opposition, the following documents are generally required:
Copy of the examination report or the notice of opposition.
Proof of use of the trademark, such as invoices, advertisements, website pages and social media.
Affidavit of user, where prior use is claimed.
Power of Attorney (Form TM-M) in favour of the agent.
Any earlier registrations, licences or consent letters relevant to the mark.
Strict time limits apply. Missing the deadline for an objection reply or counter-statement can result in your application being treated as abandoned, so contact us as soon as you receive a notice.
Frequently Asked Questions
Common reasons are similarity with an existing mark, descriptive or generic words, lack of distinctiveness, or incorrect class or details in the application.
The reply must be filed within 30 days of receiving the examination report.
Any person can file an opposition within 4 months from the date your mark is advertised in the Trade Marks Journal.
It is the applicant’s reply to an opposition and must be filed within 2 months of receiving the notice of opposition.
If the Registrar is not satisfied with the written reply, a show-cause hearing is scheduled. We prepare arguments and attend the hearing on your behalf.
Yes, you can continue to use the mark with the TM symbol while the application is pending.