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IP Objection & Hearing Support

Turn Official Objections Into
Successful Registrations.

An objection from the IP Office isn't a rejection; it's a query. With our strategic legal responses and expert representation at hearings, we turn these challenges into successful grants for your trademarks and patents.

Defend Your IP Application
Strategic Legal Arguments High Success Rate End-to-End Representation
The Critical Hurdle

Understanding Trademark & Patent Objections

Objections are a standard part of the examination process, designed to ensure that only valid and unique intellectual property is granted. Here's how they work for trademarks and patents.

Trademark Objections

A trademark objection is raised by an Examiner when your mark is deemed non-compliant with the Trade Marks Act, typically on absolute or relative grounds.

  • Section 9 (Absolute Grounds): Mark is descriptive, generic, or non-distinctive.
  • Section 11 (Relative Grounds): Mark is identical or similar to an earlier registered trademark.
  • The Process: Receive Examination Report -> File a detailed Written Response -> Attend a Show Cause Hearing if required.
  • The Goal: To prove your mark has acquired distinctiveness or is not confusingly similar to others.

Key Strategy

A strong response often relies on providing substantial evidence of use, such as invoices, advertisements, and affidavits.

Patent Objections

Patent objections are raised in the First Examination Report (FER) when the Examiner believes your invention does not meet the patentability criteria.

  • Lack of Novelty: The invention was already known to the public (prior art).
  • Lack of Inventive Step: The invention is considered obvious to a person skilled in the field.
  • Non-Patentable Subject Matter: The invention falls into a category excluded from patentability.
  • The Process: Receive FER -> File a detailed Written Response with claim amendments -> Attend a Controller's Hearing if required.

Key Strategy

Overcoming patent objections requires a blend of strong technical arguments and precise amendments to the patent claims.

Why Professional Help Matters

The Value of Expert Representation

Successfully navigating an IP objection requires deep legal knowledge, procedural expertise, and persuasive argumentation.

Strategic Written Response

We draft a meticulous, point-by-point reply to the examination report, backed by legal precedents and strong evidence to counter each objection.

Persuasive Legal Arguments

During hearings, we present compelling arguments, citing relevant case law and statutes to skillfully advocate for your application's merits.

Evidence Compilation

We guide you in gathering and presenting the most effective evidence, such as user affidavits or proof of acquired distinctiveness, to strengthen your case.

Procedural Expertise

We manage all procedural complexities and deadlines, ensuring your response is filed correctly and on time, preventing abandonment of your application.

Higher Chance of Success

Our experience and strategic approach significantly increase the probability of overcoming objections and securing the registration of your IP.

Peace of Mind

Let our IP attorneys handle the intricate legal battle, allowing you to focus on running your business with confidence.

Our Winning Process

Our Objection Handling Roadmap

A clear, four-step process to counter objections and advance your application.

1

Case Analysis

We conduct a thorough analysis of the examination report and your application to understand the precise legal and technical grounds for the objection.

2

Strategy & Response Drafting

We develop a robust legal strategy and draft a detailed written response, including any necessary application amendments and supporting evidence.

3

Hearing Preparation

If a hearing is necessary, we meticulously prepare all arguments, compile case law, and brief you on the key aspects of the hearing.

4

Representation & Resolution

Our attorney represents you before the Examiner or Controller, presenting the case persuasively to secure a favorable decision and get your IP registered.

Protect Your Application

Don't Let an Objection Derail Your IP

You've invested time and resources into your brand and inventions. A swift, professional response to an official objection is critical. Let our experts defend your IP and guide it to registration.

Free Case Evaluation
Understand Your Options

Expert IP Attorneys
On Your Side

Proven Track Record
In Hearings

Received an examination report? Contact us now for a free evaluation and strategy session.

Fill the form to get expert help immediately. Time is critical.

Questions Answered

Frequently Asked Questions

Clarifying the objection and hearing process

No. An objection is a preliminary query raised by the examiner, not a final refusal. It is an opportunity for you to present arguments and evidence to overcome the examiner's concerns. A rejection only happens if your response is unsatisfactory or if you fail to respond.

For a trademark, you have 30 days from the receipt of the Examination Report to file a response. For a patent, you have 6 months from the date of the First Examination Report (FER) to meet all requirements. Missing these deadlines can lead to the abandonment of your application.

'Acquired distinctiveness' is a concept where a mark, although initially descriptive, has become so well-known through extensive and continuous use that the public now associates it exclusively with the applicant's goods or services. Proving this requires substantial evidence of use, such as sales figures, advertising expenses, and customer affidavits.

We can argue against a prior art citation by demonstrating key differences between your invention and the cited document, proving that the cited document does not actually teach what the examiner claims, or by amending the patent claims to clearly distinguish your invention from the prior art.

A hearing is a formal proceeding where your attorney presents oral arguments before the Examiner (for trademarks) or the Controller (for patents). It is the final opportunity to persuade the official of the merits of your application. The hearing is typically conducted via video conference, and a decision is issued afterward.

Yes. If the final decision after the hearing is a refusal, you have the right to appeal the decision to the Intellectual Property Appellate Board (IPAB) or the relevant High Court. This is a separate legal process that involves filing an appeal and presenting your case before a judicial body.