If you’ve taken the time and effort to build a brand, securing trademark protection is a critical step. Your brand name, logo, or slogan is not just creative expression—it’s a commercial asset that deserves legal recognition. However, the process of trademark registration in India can often be complex, especially when applications face objections or opposition.
In this blog, we’ll explore the common reasons behind trademark objections and share expert strategies to help you avoid them and secure your trademark successfully.
Why Trademark Registration Matters
Securing a trademark is one of the first and most essential steps in building a strong brand identity. For Indian entrepreneurs and businesses, it acts as a legal shield—protecting names, logos, and slogans from unauthorized use or imitation.
However, the process isn’t always smooth. Many applicants face hurdles, especially when their trademark application is marked as “Objected” or “Opposed” due to conflicts with existing trademarks, particularly those in related or different classes.
Pro Tips to Avoid Trademark Objections
1. Conduct a Thorough Trademark Search (Including Phonetic and Class Variants)
Before you file your application, it’s crucial to search for:
- Exact matches
- Similar-sounding marks
- Spelling variations
Use the IP India database and ensure you check all relevant classes of goods or services. Even a minor phonetic similarity can result in an objection.
Example:
An applicant filed for “BluStar Electronics” for LED lights, unaware that “Blue Star” was a registered mark for air conditioners. Although the products were in slightly different categories, the phonetic similarity led to an objection.
2. Avoid Generic, Descriptive, or Geographically Indicative Names
Marks that describe the product (e.g., “Fresh Milk” for milk), are generic (e.g., “Chair” for furniture), or are plainly geographic (e.g., “Darjeeling Tea” by an unqualified source) are often objected to under absolute grounds.
Example:
A startup applied for the name “Bengal Sweets” for confectionery items. The name was objected to for being both generic (“sweets”) and geographic (“Bengal”), failing the distinctiveness test.
3. Choose Unique and Creative Brand Names
Invented or arbitrary brand names—words that don’t have a direct dictionary meaning—have a better chance of passing through the trademark process without objections.
Examples:
Names like “Zomato” or “Pepsodent” are coined and unique. In contrast, marks like “Cake Shop” or “Good Soap” are too descriptive and were objected to for lack of uniqueness.
4. Maintain Evidence of First and Continuous Use
Keeping records of when you first used the mark and proving its continuous usage (invoices, website screenshots, ads, packaging) can help you defend against objections, especially if your use predates the conflicting mark.
Example:
A company applying for “QuickFix Adhesives” overcame objections by presenting prior use evidence like trade show participation and brand advertisements.
5. Consult a Qualified Trademark Agent or Legal Expert
An experienced trademark attorney can:
- Identify risks early
- Draft applications strategically
- Respond effectively to objections
- Handle complex legal responses
This expert guidance can significantly improve your chances of success.
Real Case Example: NOVA vs NOVYA
Sterling Agro Industries Ltd., known for its “NOVA” brand in the dairy sector, faced trademark infringement by a firm selling under “NOVYA.” The name was phonetically and visually similar, and even the packaging resembled NOVA’s.
In 2019, the Delhi High Court granted an interim injunction in favour of Sterling Agro, preventing the defendant from continuing sales. Upon inspection, a Local Commissioner found packaging of “NOVYA Desi Ghee” at the defendant’s premises, strengthening the infringement claim.
This case reinforces the importance of distinct branding and legal preparedness when enforcing trademark rights.
Understanding Trademark Objections: Key Types
Absolute Grounds for Refusal
These objections are based on:
- Lack of distinctiveness
- Use of generic or descriptive terms
- Inclusion of common or non-registrable elements
Relative Grounds for Refusal
These arise when:
- Your mark is similar to an already registered trademark
- It could cause confusion in the minds of consumers
- The marks fall under related or overlapping product/service categories
Steps to Handle Trademark Objections Effectively
- Understand the Nature of the Objection
Read the examination report thoroughly to assess whether it’s based on absolute or relative grounds. - Prepare a Response Strategy
Collect documents, evidence of use, or clarify the distinctiveness of your mark. - Respond to Absolute Grounds Objections
Emphasize the uniqueness or acquired distinctiveness of your mark. - Respond to Relative Grounds Objections
Show coexistence, lack of confusion, or proof of prior use. - Consider Appealing If Needed
If objections persist, consider filing an appeal before the Intellectual Property Appellate Board (IPAB) or relevant forums.
Additional Tips for a Successful Application
- Engage a Trademark Professional: Their expertise can help you file strategically and respond efficiently to objections.
- Monitor After Registration: Keep an eye out for infringing marks in the marketplace.
- Track Your Application Status: Stay updated on deadlines and examination updates to avoid procedural delays.
Final Thoughts
Trademark objections are common, but not insurmountable. By understanding the legal landscape and being proactive, you can respond strategically and protect your brand effectively.
Working with a skilled trademark expert, maintaining clear records, and ensuring your brand name is unique are key to success. Trademark protection isn’t just a legal formality—it’s an investment in your brand’s future.
Disclaimer:
The information provided in this article is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the content, Bisani Legal and its representatives are not responsible for any errors or omissions, or for any outcomes resulting from reliance on this information. Readers are advised to consult a qualified legal professional for specific legal guidance related to their individual property matters. The use of this article does not establish an attorney-client relationship between the reader and Bisani Legal.
Published by: Mr. Saket bisani
Date: 31/07/2025
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