Step-by-Step Guide to Handling Class 21 Trademark Objections in India
Launching your own brand of kitchenware, utensils, containers, glassware, or brushes is exciting. But when you apply for a trademark under Class 21, the process doesn’t always go smoothly. One common hurdle business owners face is a trademark objection.
If you’ve received an objection notice from the Trademark Registry of India, don’t panic. It’s a routine part of the process and can be handled properly with the right knowledge and response strategy.
This blog will guide you through everything you need to know about:
- ✅ What is a trademark objection in Class 21?
- ✅ Common reasons for objections
- ✅ Step-by-step process to reply
- ✅ Format and documents required
- ✅ Tips to draft a strong response
- ✅ What happens after you file your reply
Let’s get started.
📌 What Is a Trademark Objection in Class 21?
After you file a trademark application under Class 21 (which covers kitchen utensils, glassware, brushes, containers, etc.), the Trademark Examiner reviews your application.
If the examiner finds any issue, they raise an objection under:
- Section 9 (descriptive or generic trademark)
- Section 11 (similar to existing trademarks)
An objection does not mean rejection. It’s simply a request for clarification or explanation. You have a chance to submit a reply and prove your case.
🧾 Common Reasons for Trademark Objections in Class 21
Understanding why objections happen helps you prepare better replies. Here are the most frequent reasons for Class 21 objections:
❌ 1. Trademark is Descriptive or Generic (Section 9)
Example: Applying for a name like “Kitchen Storage”, “Glass Bottle Co.”, or “Plastic Jars”.
Why it’s a problem:
These names describe the product itself. They are not distinctive, and other businesses may need to use similar terms.
❌ 2. Trademark is Similar or Identical to an Existing One (Section 11)
Example: Your brand name is “TuffGlass”, and there’s already a trademark called “ToughGlass” in Class 21.
Why it’s a problem:
The examiner may think the names are confusingly similar, and customers could mix them up.
❌ 3. Incomplete or Vague Product Description
If your application only says “products in Class 21” without listing the actual items (e.g., jars, utensils, containers), it may be objected to for lack of clarity.
❌ 4. Incorrect Use of Wordmark or Logo Format
Using images or stylized text without a clear logo description, or submitting a blurry image, can lead to objections.
❌ 5. No Proof of Prior Use (If Claimed)
If you mention that the trademark is already in use (with a specific date), but do not attach proper proof, the examiner will object.
🔍 Step-by-Step Process to Handle Trademark Objection in Class 21
Let’s break down the entire process so you can respond correctly and on time.
✅ Step 1: Track Your Trademark Status
Check if there’s an objection using the IP India Trademark Status Tracker:
👉 https://ipindiaonline.gov.in/eregister/eregister.aspx
- Enter your Application Number
- Look for the status: “Objected”
- Download the Examination Report
✅ Step 2: Read the Examination Report Carefully
This report outlines:
- The section under which the objection is raised (9 or 11)
- The reason for the objection
- Any references to similar marks
- What clarification or documents are expected from you
✅ Step 3: Draft a Strong Trademark Objection Reply
This is the most important step.
Your reply must:
- Be written in a legal format
- Be filed within 30 days of receiving the report
- Contain evidence, legal arguments, and examples to justify your trademark
📎 Documents You May Need to Attach with the Reply
| Document | Purpose |
| Sales Invoices | To show trademark use in commerce |
| Product Labels / Packaging | To show your brand in actual use |
| Social Media Pages / Ads | To prove brand visibility |
| MSME or Startup Certificate | For fee benefits and brand history |
| Comparison Table | To prove difference from similar trademarks |
| Trademark Search Report | If your brand is clearly different from cited marks |
✍️ Tips to Draft a Strong Reply to Objection
✅ For Section 9 (Descriptive)
- Explain how your brand name is inventive, coined, or distinctive.
- Add meaning (if it’s a combination of words).
- Include branding visuals or stylized logos.
- Provide usage proof showing the name is identified with your brand only.
✅ For Section 11 (Similarity)
- Argue that the visual, phonetic, and conceptual elements are different.
- Provide side-by-side comparison.
- Emphasize design, pronunciation, target audience differences.
- Mention if the existing trademark hasn’t been renewed or used.
✅ For Use Claims
- If you claim prior use (e.g., since 2022), attach proper proof of use before the application date.
📤 Step 4: File the Reply Online
Use the IP India Portal to submit your reply and documents.
- Go to: https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx
- Log in as applicant or attorney
- Select “Reply to Examination Report”
- Upload the reply and supporting documents in PDF format
You will receive an acknowledgment once submitted.
⚠️ Missed the 30-Day Deadline?
You can still file the reply within a short grace period by submitting a condonation of delay request. However, this is risky and can be rejected.
Always aim to file your reply within the 30-day window.
🔄 What Happens After You Submit the Reply?
| Outcome | Next Step |
| Accepted | Trademark moves to Journal publication |
| Hearing Scheduled | Attend or appoint attorney for Show Cause Hearing |
| Refused | You can file an appeal before IPAB or High Court |
🧠 Pro Tip: Hire a Trademark Expert for Complex Cases
If your objection involves:
- Legal interpretations
- Similar marks with large brands
- Technical comparisons
…then it’s better to work with a professional trademark attorney or consultant who can draft a precise legal reply and attend hearings on your behalf.
🛡️ Why Handling Objection Matters for Class 21 Brands
As a brand selling:
- Glass containers
- Reusable kitchen bottles
- Hair and body brushes
- Storage boxes
- Crockery
…your trademark is the identity of your product.
Handling an objection carefully ensures:
- You get the ® symbol for full legal rights
- Your brand is listed on Amazon Brand Registry
- You can stop counterfeiters and imitators
- You build brand trust among consumers
👎 Mistakes to Avoid While Responding to Trademark Objection
| Mistake | Risk |
| Ignoring the objection | Application becomes abandoned |
| Filing without legal basis | May result in refusal |
| Sending reply without documents | Weak response; gets rejected |
| Using aggressive tone | Negative impact on examiner’s decision |
| Copying online templates blindly | May not fit your exact case |
✅ Final Thoughts
A trademark objection in Class 21 is not the end of the road—it’s an opportunity to clarify and prove that your brand is unique and deserves legal protection.
By following a proper process:
- Reading the objection
- Drafting a well-supported reply
- Submitting on time
…you can ensure your application moves forward smoothly.
🤝 Need Help Responding to Trademark Objection in Class 21?
At VMK Professionals, we specialize in:
- Trademark searches
- Filing and objection replies
- Show cause hearing representation
- Class-specific strategy for Class 21 brands
Whether you’re a kitchenware startup, a brush manufacturer, or a home container brand—we’ll ensure your brand is legally protected.
📞 Contact VMK Professionals Today