Common objections
| Objection | What it means | Typical response |
|---|---|---|
| Section 9 — not distinctive or descriptive | The mark describes the goods or is too common to identify one business | Show acquired distinctiveness through use, or argue the mark is not descriptive in context |
| Section 11 — similar to an earlier mark | A similar mark exists for similar goods or services | Distinguish the marks and goods, show honest concurrent use, or obtain consent |
| Procedural | Class, specification or applicant details need correction | Amend the application |
Documents required
- The examination report.
- Evidence of use — invoices, advertisements, website pages, dated from the claimed first use.
- User affidavit, where use is relied on.
- Details of the conflicting marks cited.
- Any consent letter from an earlier mark's owner.
How we handle it
Read the report
Identify each objection and the marks cited.
Build the argument
Legal grounds and evidence for each objection.
File the reply
Within one month, with evidence and an affidavit where needed.
Hearing
If the Registrar fixes a hearing, we attend and argue the application.
Track to acceptance
Acceptance, advertisement in the Trade Marks Journal, and registration.
What happens after a trademark is filed
| Stage | What it means |
|---|---|
| Formalities check | The application is checked for completeness |
| Examination | The examiner reviews the mark; an examination report may raise objections |
| Reply and hearing | Objections answered in writing, and argued at a hearing if needed |
| Acceptance and advertisement | The mark is published in the Trade Marks Journal |
| Opposition period | Third parties can oppose within the time allowed |
| Registration | If unopposed or the opposition fails, the mark is registered |
Practical notes from our engagements
- Report noticed after the deadline. The one-month clock runs from receipt. Watch the email registered with the Registry.
- Generic reply. A reply that doesn't deal with the specific cited marks rarely succeeds.
- No evidence of use kept. Dated invoices and advertisements are the strongest evidence. Keep them from day one.
How we handle trademark objections
We track examination reports against the one-month deadline, reply with specific arguments and evidence, and attend the hearing if one is fixed.
Related services
Frequently asked questions
How long do I have to reply to a trademark objection?
One month from receiving the examination report. Without a reply, the application may be treated as abandoned.
What is a Section 9 objection?
An objection that the mark lacks distinctive character or describes the goods or services.
What is a Section 11 objection?
An objection that the mark is similar to an earlier mark for similar goods or services.
What happens after the reply?
The application is accepted and advertised, or a hearing is fixed before the Registrar.
Can evidence of use overcome an objection?
Often, yes — particularly for distinctiveness objections, where long use can show the mark identifies your business.
Can a trademark be used while an objection is pending?
Yes, the ™ symbol can be used with a pending application. The ® symbol is only for registered marks.