received a trademark objection? here's how to read and reply to it

If the Registry issues an examination report, your application has been objected to — but this is a normal stage, not the end of the road. Many applications are objected to and still succeed once a proper reply is filed.

The two main grounds

Objections usually fall under one of two sections of the Trade Marks Act:

• Section 9 (absolute grounds): the mark is considered descriptive, generic, or lacking distinctiveness — for example, a name that just describes the product.
• Section 11 (relative grounds): the mark conflicts with an earlier identical or similar mark already on the register.

How a reply works

You respond with a written reply that addresses each objection with reasoned arguments and, where helpful, evidence. For a Section 9 objection you might show how the mark is distinctive or has acquired distinctiveness through use. For a Section 11 objection you might distinguish your goods, your market, or the overall impression of the marks.

What happens next

The examiner reviews your reply. If satisfied, the application proceeds to publication. If not, the matter may be set down for a show-cause hearing, where the case is argued before a hearing officer. A clear, well-supported reply gives you the best chance of clearing the objection without a hearing.