What is a trademark objection under section 11?
A trademark objection under section 11 means the registrar considers the mark identical or similar to an earlier trademark, for identical or similar goods or services, so that the public is likely to be confused. That is a relative ground of refusal. It is not the same as a mark that simply describes the goods.
What does section 11 refuse?
Section 11(1) refuses a mark when it is identical or similar to an earlier trademark and the goods or services are identical or similar, and there is a likelihood of confusion, including the likelihood of association with the earlier mark. An earlier trademark includes a registered mark and an application that has an earlier filing date.
The goods matter. The same word for unrelated goods is a weaker objection than the same word for the same goods. Narrowing the list of goods can be part of a reply. It does not erase an earlier mark that already covers those goods. How an application is filed is on the trademark registration page.
When does a well-known mark block different goods?
Section 11(2) can refuse a mark even for different goods if the earlier mark is well-known in India and the use would take unfair advantage of that mark, or be detrimental to its distinctive character or repute. Section 11(3) is separate again: the mark is refused if its use could be prevented by the law of passing off, or by the law of copyright.
How is an objection answered?
The examination report states the earlier marks and the time for a reply. The reply can show that the marks are not similar as a whole, that the goods are different, or that there is honest concurrent use. The registrar decides. A changed logo, a different colour, or a search report is evidence in that reply. None of them withdraws the objection on its own.
A search of the register before filing shows identical and pending marks. Filing first and hoping the objection will be waived is the slower route.
Is section 9 the same objection?
No. Section 9 is the list of absolute grounds: a mark that is not capable of distinguishing the goods, that describes them, that has become customary, or that deceives. Those objections are answered differently, usually by showing that the mark has become distinctive. This page does not restate that list.
Frequently asked questions
Four questions cover a logo change, an unregistered mark, a search, and section 9.
Does changing the logo remove a section 11 objection?
Not by itself. The registrar looks at the mark as a whole, the goods, and the earlier mark. A different get-up can be part of the reply. It is not an automatic acceptance.
Is an unregistered earlier mark irrelevant?
No. Section 11 also covers a mark whose use could be stopped by the law of passing off, which protects an earlier unregistered mark that has a reputation.
Does a search before filing guarantee registration?
No. A search shows identical and similar marks already on the register or pending. It cannot predict every objection. It does show conflicts that can be avoided before the fee is paid.
Is a descriptive or generic mark a section 11 objection?
No. A mark that is not distinctive, or that describes the goods, is an absolute ground under section 9. Section 11 is about conflict with an earlier mark.
Sources
Relative grounds are section 11 of the Trade Marks Act, 1999. Absolute grounds are section 9.