What is TM Objection?
A trademark objection is the Registrar’s written statement in the examination report that an application cannot be accepted as filed. Under Section 9, the Registrar may object that the mark lacks distinctiveness, is descriptive or customary. Under Section 11, the objection arises because the mark is identical or deceptively similar to an earlier mark for similar goods or services.
The applicant’s reply must answer each ground with arguments and evidence. For Section 9 objections, evidence of use and reputation showing acquired distinctiveness is critical, such as sales figures, advertising spend and customer recognition. For Section 11 objections, arguments typically focus on differences between the marks, the goods or services, or consent from the earlier owner.
