Startups • Established Brands • Corporates
Serving chikankari, real estate, and technology businesses in Lucknow and across Uttar Pradesh. We manage the complete objection prosecution process with 29 years of experience.
After a trademark application is filed, it is meticulously examined by the Trademark Registry for compliance with the Trade Marks Act, 1999 and to ensure it does not conflict with existing brands already on record.
If the Examiner finds an issue, an Examination Report is issued and the mark's status changes to "Objected." The applicant has strictly 30 days (1 month) from the date of receiving the report to file a comprehensive written reply. Failing to respond within this window will cause the Registry to permanently abandon the application for non-prosecution.
Raised when the Examiner believes your mark is too descriptive, generic, or lacks distinctiveness. We draft compelling legal replies, utilising affidavits and sales evidence to prove "acquired distinctiveness" or secondary meaning.
Raised when your mark is visually, phonetically, or conceptually similar to an existing trademark already on record. We meticulously map the differences, distinguishing your mark and goods/services to prove no likelihood of public confusion.
*If the Ld. Examiner is not satisfied with the written replies, we proactively request a Show Cause Hearing to present oral arguments and supporting documents in person.
If the Examiner is completely satisfied with our written reply, the objections are waived and the mark is accepted directly. However, if the written arguments fail to fully convince the Examiner, the matter is escalated and fixed for a Show Cause Hearing before the Trademark Registry.
Our attorneys successfully present oral arguments and legal precedents. Objections are dropped and the mark proceeds directly to journal advertisement.
The mark is allowed with a specific condition — such as a disclaimer over a generic element in the logo. We advise on the best course of action.
If refused, the fight is not over. The decision is eligible for a Review Application u/s 127(c) or an appeal directly to the High Court.
The hearing date fixed by the Registry must be attended by either the applicant or their authorised Trademark Attorney. If no one appears on the given date and time, the application may be treated as abandoned for lack of prosecution under Rule 33(7) of the Trade Marks Rules, 2017. The abandonment is permanently notified in the Trademarks Journal and the IPO website.
An objection is raised by the Government Examiner, but an Opposition is a legal challenge raised directly by a competitor or third party. Defending your mark during this phase requires aggressive, trial-like litigation. Here is the exact 5-step legal process we navigate to defend your brand:
Once your trademark successfully clears the examination or hearing stage, it is "Accepted and Advertised" in the official Trade Marks Journal. It remains open to the public for exactly 4 months — a window during which any aggrieved party may challenge it.
During this 4-month advertisement period, any "aggrieved person" — usually a competitor claiming your mark infringes on theirs — may file a formal Notice of Opposition to stop your registration. Once filed, the Registry serves this notice upon you, and the litigation phase begins.
Once the Registry serves you the opponent's Notice of Opposition, the clock starts ticking. We have exactly 2 months from the date of receipt to file a robust, point-by-point Counter Statement dismantling the opponent's claims and supporting the validity of your mark. This 2-month deadline is strict and cannot be extended under any circumstance.
Once the Counter Statement is filed, the litigation moves to the evidentiary phase:
Opponent's Evidence
The opponent is duty-bound to file their evidence (via affidavits) supporting their opposition first.
Applicant's Evidence
Once received, we compile and file strong counter-evidence — sales figures, invoices, promotional history — in support of your trademark's validity and prior usage.
Once the evidence from both parties has been submitted, the Trademark Registry fixes a final date for oral arguments. Our expert IP litigators represent you in this cross-hearing — presenting your evidence and arguing your case before the Registrar — to ensure the opposition is dismissed and your Trademark Certificate is officially granted.
We believe in complete pricing transparency. Unlike a registration, there is no government filing fee for objection replies or hearings — you pay only for professional services. Opposition proceedings involve a mandatory government fee in addition to our professional charges.
Initial case review, opinion on strength of objection, and recommended strategy — at no charge.
Comprehensive written reply addressing Sec 9 (Absolute) or Sec 11 (Relative) grounds — with legal arguments, case law citations, and supporting affidavits.
Oral arguments before the Trademark Registry + expenses for filing user evidence in support of the mark. All 5 registry offices covered.
Objection replies and show cause hearings do not attract any mandatory government filing fee. You pay professional charges only.
Counter Statement
Filed by the trademark applicant in response to an opposition notice.
Opposition Filing (Form TM-O)
Filed by the opponent challenging an accepted & advertised trademark.
If you are yet to file a trademark application, start the registration process with us. View our Trademark Registration services →
One of the highest in the industry, built on 29+ years of practice and thousands of cases handled.
Delhi, Mumbai, Chennai, Kolkata, and Ahmedabad — our attorneys appear at all five Trademark Registry locations.
We track your 30-day and 2-month deadlines from day one — no missed windows, no abandoned applications.
Adv. Anand Shanker Gupta — Govt. Appointed Facilitator and FICCI impaneled attorney — personally handles your case.
Time is critical. Our experienced attorneys draft watertight replies and provide aggressive representation in hearings to save your trademark from abandonment.
Get Free ConsultationTestimonials
“With the help of Anand Sir, our NGO registered at the SDM office, Delhi. So proud that we met with such a man with Vast knowledge.”
Rajeev Singhal
President, Rashtriya Yuva Lok Manch, Society
“My many of the marks are in the cue and are working, performing in the market. Thanks to Anand Sir, no body dares to copy our brands to harm us.”
Vishal Kedia
Director, Qaysa Care Pvt. Ltd., Chandigarh
“A clean & stress-free experience at his office. My matter was complicated but thanks to Anand Sir, my all matters got Accepted & Registered.”
Siddharth Jain
KSB Pipe Industries, Sagar
“My brand was under objection & hearing. The examiner has outrightly rejected it but, Anand Sir, kahan se ideas late hain, Great.”
Saurabh Singhal
CEO, The Beer Company, Ghaziabad
“Parties were not releasing my payments. Met with Anand Sir, sent notices. Payments recovered only on notices from many of the parties. And, some have paid through complaint before the court.”
Haedway
Bio Products LLP., Bareilly
Common questions about trademark objections, hearings and oppositions, answered by Adv. Anand Shanker Gupta.
Last updated: July 2026