Trademark registration is a vital step for businesses in Chennai that aim to build a strong and rooted brand identity and protect it legally. Whether you operate a startup in T-Nagar, a manufacturing unit in Ambattur or an IT firm in OMR, securing a trademark ensures the exclusive or sole rights over your brand name, logo or slogan.
However, the trademark registration process usually faces hurdles in the form of examination objections, which are issued by the Trademark Registry. These types of objections may cause a delay during the process or even lead to rejection if not addressed in the proper manner. To understand the various common objections and how to overcome them is important to ensure a smooth process of registration.
This blog explains the most common trademark objections and provides effective and impactful strategies to overcome them, especially from the perspective of applicants in Chennai.
Understanding Trademark Objections
Once a trademark application is filed, it undergoes examination by the Trademark Registry. The examiner may issue objections under:
- Section 9 – Absolute grounds for refusal
- Section 11 – Relative grounds for refusal
Objections do not mean your trademark has been rejected. They simply indicate that the examiner requires clarification, justification or evidence.
To respond in a correct and accurate manner and within the timeline (usually 30 days from receipt of the examination report) is crucial.
Common Trademark Objections in Chennai
Objection 1: Trademark is Descriptive (Section 9)
This is one of the most common types of objections. The examiner may claim that the trademark explains the quality, nature, purpose or characteristics of the specific goods/services.
Example:
Words like Fresh Milk, Pure Soap, Fast Delivery or Chennai Grocery may be considered descriptive.
Why it Happens:
Such terms fail to distinguish your brand from others in the market.
Objection 2: Trademark is Non-Distinctive (Section 9)
The examiner may state that the mark is too common or lacks uniqueness.
Examples include:
- Common surnames
- Generic shapes
- Simple numerals
- Single letters without uniqueness (e.g., “A”)
Why it Happens:
The trademark does not have any distinctive character that separates it from others.
Objection 3: Similar to an Existing Trademark (Section 11)
The examiner may find that your trademark resembles an already registered or applied trademark.
Examples:
- “Sparrow Electronics” vs “Sparrow Electric”
- “Chennai Fresh Mart” vs “Fresh Mart Chennai”
Why it Happens:
Chennai has a large number of small and medium businesses, and many marks may be similar in spelling, pronunciation or overall impression.
Objection 4: Incorrect Classification of Goods/Services
If goods or services are incorrectly classified as per the Nice Classification, the examiner may object.
Example:
Registering restaurant services under Class 30 instead of Class 43.
Objection 5: Failure to File Supporting Documents
If documents like User Affidavit, Power of Attorney or Proof of Prior Use are missing, the registry may raise an objection…!
Objection 6: for Geographical Names / Common Terms
Trademarks containing geographical names like Chennai, Marina, Koyambedu or Mylapore often face objections.
Why it Happens:
Geographical names are usually considered non-exclusive.
Objection 7: for Multilingual Marks
Tamil, English and combination marks are common in Chennai. Marks with spelling variations sometimes face objections for clarity.
How to Overcome Trademark Objections in Chennai?
1. Drafting a Strong Reply to Examination Report
A detailed and well-structured response is essential. The reply must argue why the trademark: –
- Is distinctive
- Does not conflict with existing marks
- Has acquired secondary meaning (if applicable)
Professional legal drafting improves your chances significantly.
2. Providing Evidence of Prior Use
If you have been using the trademark before applying, submit:
- Invoices
- Advertisements
- Social media proof
- Website screenshots
- Packaging samples
- CA certificate on sales turnover
This can help prove that the mark has gained recognition in Chennai or across India.
3. Arguing Differences Between Conflicting Marks
If the objection is under Section 11, highlight differences in:
- Spelling
- Visual design
- Pronunciation
- Logo style
- Overall commercial impression
Also, provide evidence of the existing coexistence of similar marks in India.
4. Claiming Acquired Distinctiveness
For descriptive or non-distinctive marks, you can argue that the trademark has acquired distinctiveness through long-term usage.
Example:
A brand operating for 5–10 years in Chennai may have established strong local recognition.
5. Correcting Errors Through Form TM-M
If the objection relates to: –
- Wrong class
- Wrong proprietor details
- Missing information
You can rectify it by filing a request through Form TM-M.
6. Submitting a User Affidavit
For “proposed to be used” marks or “used since” claims, a user affidavit validates your statement. This affidavit strengthens your response.
7. Providing Translation or Transliterations
For Tamil or regional language trademarks, include:
- Tamil to English translation
- Transliteration
- Meaning of the word
This helps the examiner understand the brand better.
Trademark Objection Process in Chennai: Step-by-Step
Step 1: Examination Report Issued
You receive the report via email or can track it on the IP India website.
Step 2: Analyse the Reason for Objection
Identify whether the objection is under Section 9, Section 11 or documentation errors.
Step 3: Prepare & File Reply
A comprehensive reply, along with evidence, must be uploaded within 30 days.
Step 4: Hearing (If required)
If the examiner is not satisfied with the written reply, a show-cause hearing will be scheduled, either online or offline, at the Chennai Trademark Office.
Step 5: Acceptance or Rejection
After review, the examiner may:
- Accept the application
- Order publication in the Trademark Journal
- Reject the application
Step 6: Journal Publication & Registration
If accepted, the mark is published for public opposition. If no one objects within 4 months, the trademark proceeds to registration.
Tips for Chennai Applicants to Avoid Objections
- Conduct a trademark search before filing.
- Avoid generic, descriptive or geographical names.
- Choose a unique, creative and distinctive mark.
- File in the correct class.
- Use consistent spellings across documents.
- Maintain evidence of use from the beginning.
Conclusion
Trademark objections are common and usual, but not a roadblock. With the help of proper legal drafting, supporting evidence and strategic arguments, most objections can be successfully overcome. Businesses in Chennai, where the competition across various industries is high, must prioritise protecting their brand identity at an early stage.
Whether you are a startup founder, manufacturer, retailer or service provider, understanding the objections and responding to them in an effective manner ensures faster approval and long-term protection for your brand.
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