Trademark Objection Reply: Sample & Structure (Nepal)

If the Department of Industry (DoI) has raised an objection to your trademark application, you must file a structured written reply — often through your agent — within the deadline stated in the notice (commonly 35 days under the Patent, Design and Trademark Act 1965). A strong reply addresses every ground the examiner raised, attaches supporting evidence, and shows why your mark qualifies for registration. Below you'll find the exact structure and a practical sample you can adapt.

Key Takeaways

• An objection letter from the DoI is not a final refusal — it is the examiner asking you to clarify or defend your application before a decision is made.
• You must reply in writing within the deadline set by the DoI, or your application will be abandoned.
• Your reply must address each objection ground individually, with evidence where possible — a bare denial rarely works.
• The most common objections are similarity to an existing registered mark, descriptiveness, or lack of distinctiveness.
• If your reply fails to persuade the DoI, you can request a hearing before the Law Division, which exercises quasi-judicial powers.
• Having a Nepal-based IP agent who understands DoI procedure improves your chances significantly — foreign applicants must act through a local representative.
• A well-structured reply keeps you on the path to publication in the Industrial Property Bulletin and, if unopposed for 90 days, your registration certificate.

What is a trademark objection in Nepal?

A trademark objection is a formal notice from the DoI examiner stating that your application cannot proceed to publication in the Industrial Property Bulletin as filed. It is not a rejection — yet. The examiner lists one or more legal or procedural grounds under the Patent, Design and Trademark Act 1965 that make the mark ineligible for registration. You then get a fixed window to reply, defend your mark, and keep your application alive. In practice, objections are common for marks that resemble an existing registered mark or that describe the goods too directly.

What are the most common grounds for a DoI trademark objection?

The DoI examiner raises objections under Sec. 18(1) of the Act. The three most frequent grounds are: the mark is confusingly similar to an already registered mark; the mark is descriptive of the goods or services (lacking distinctiveness); or the mark may damage the goodwill of another person's trademark. Less commonly, the examiner may object that the mark hurts someone's reputation or goes against public morality. Knowing the specific ground matters because your reply must counter that exact objection — not a generic one.

What does a good trademark objection reply structure look like?

Every effective reply follows a clear, formal structure that the DoI examiner can assess quickly. Your reply should open with the application details, address each objection point one by one with supporting reasoning and evidence, and close with a clear request. Below is the standard structure used by experienced IP agents in Nepal.

1. Header and reference. State the applicant's name, the trademark applied for, the application number, the date of the objection notice, and the deadline for reply. This frames exactly what the DoI is reviewing.
2. Preliminary statement. A short paragraph confirming you are replying to the objection notice under the relevant provisions of the Patent, Design and Trademark Act 1965. Mention the agent on record if filed through one.
3. Point-by-point response. Address each objection ground individually. For every ground, state the examiner's objection in your own words, then give your counter with supporting evidence — market surveys, sales records, proof of honest adoption, or a side-by-side comparison showing differences from a cited mark.
4. Legal submissions. Cite the relevant section of the Act — typically arguments under Sec. 18(1) — and explain why your mark does not fall within the refusal grounds. If you have evidence of acquired distinctiveness, reference it here.
5. Prayer/request. End with a formal request that the DoI withdraw the objection and allow the application to proceed to publication in the Industrial Property Bulletin.
6. Annexures. List every document you are attaching as evidence. Number them clearly — Annexure A, B, C — so the examiner can cross-reference your reply with the evidence easily.

Trademark objection reply sample (Nepal — illustrative)

Below is a practical sample you can adapt. This example assumes an objection based on similarity to an existing registered mark — the most common ground. Replace the bracketed placeholders with your real details.

To,
The Registrar
Department of Industry
Tripureshwor, Kathmandu, Nepal

Date: [Date]

Subject: Reply to Objection Notice — Trademark Application No. [XXXXX] for "[YOUR MARK]" in Class [XX]

1. Preliminary Submission
We refer to the DoI examination report dated [Date], raising an objection to the registration of the trademark "[YOUR MARK]" in Class [XX] under Application No. [XXXXX]. This reply is filed within the prescribed time limit through the undersigned authorized agent on behalf of [Applicant Name], a company incorporated under the laws of Nepal, with its registered office at [Address].

2. Response to the Ground of Objection
The sole ground raised is that our mark "[YOUR MARK]" is allegedly similar to the earlier registered mark "[CITED MARK]" under Registration No. [XXXXX] in Class [XX], and that registration of our mark may damage the goodwill of that earlier mark.

We respectfully disagree for the following reasons:
(a) Visual and phonetic dissimilarity. Our mark is "[YOUR MARK]" — a [word/logo/combination] featuring [describe distinctive element]. The cited mark is "[CITED MARK]" — a [describe cited mark]. The two marks differ in their dominant elements, overall spelling, and phonetic rhythm. A side-by-side comparison is at Annexure A.
(b) Different commercial impression. Our mark conveys [explain meaning or concept], while the cited mark suggests [explain cited mark's idea]. The average consumer of [relevant goods] in Nepal would not confuse the two.
(c) Honest and independent adoption. We adopted "[YOUR MARK]" in good faith in [Year]. Attached at Annexure B are invoices, packaging samples, and promotional materials that demonstrate our independent use and investment in the mark.

3. Legal Submissions
Under Sec. 18(1) of the Patent, Design and Trademark Act 1965, a mark shall not be registered if it damages the goodwill of another's trademark. However, where two marks coexist without a likelihood of confusion — as demonstrated above — registration should not be refused. The test is whether an ordinary consumer of the relevant goods, exercising average care, would be confused. We submit that the answer here is no.

4. Prayer
In light of the above, we respectfully request the Department of Industry to:
(i) Withdraw the objection raised in the examination report dated [Date]; and
(ii) Allow Trademark Application No. [XXXXX] for "[YOUR MARK]" in Class [XX] to proceed to publication in the Industrial Property Bulletin.

5. List of Annexures
Annexure A — Side-by-side comparison of "[YOUR MARK]" and "[CITED MARK]"
Annexure B — Evidence of use and adoption (invoices, packaging, advertisements)
Annexure C — Copy of the DoI objection notice dated [Date]
Annexure D — Power of Attorney (if filed through an agent)

Respectfully submitted,
[Signature]
[Name of Applicant or Authorized Agent]
[Contact details]

This sample is for illustration only — every objection is different. If the DoI raised multiple grounds, you would add a separate numbered paragraph for each one, following the same pattern. A common mistake we see is applicants sending a one-line denial without evidence. That almost never works. The examiner needs material to reconsider their position, and your reply is your one chance to provide it.

How do you submit the reply to the DoI?

The reply, along with all annexures and a Power of Attorney if you are using an agent, is submitted physically at the Department of Industry in Tripureshwor, Kathmandu. Foreign applicants must file through a local agent — they cannot file directly. Keep a stamped acknowledgment copy for your records. If the DoI is not satisfied with your written reply, it will schedule a hearing before its Law Division. That hearing is your chance to argue orally and submit additional evidence. Do not ignore a hearing notice — if you don't appear, the objection will likely become a final refusal.

What happens after you file the reply?

After you submit your reply, the DoI examiner reviews it and has three broad paths forward. If your reply fully addresses the concerns, the examiner withdraws the objection and your application moves to publication in the Industrial Property Bulletin. If the reply partly satisfies the examiner but questions remain, you may receive a further notice or a hearing summons. If the reply fails to persuade, the DoI issues a refusal order — which you can appeal. Once published, your mark faces a 90-day opposition window. If no third party opposes, you pay the registration fee and receive your certificate.

What documents should you attach to your reply?

The documents you attach can make or break your reply. For a similarity objection, always include a visual side-by-side comparison of the two marks. For a descriptiveness objection, attach proof of use over time — dated invoices, advertisements, product labels, and social media evidence that show the mark functioning as a brand identifier in the Nepali market. If you claim honest adoption, include a brief affidavit or company resolution narrating how and when you chose the mark. Every document must be clearly labelled and referenced in the body of your reply so the examiner can find it easily. The DoI will not hunt through a pile of unlabelled papers.

What are the most common mistakes in trademark objection replies?

A weak reply wastes your one shot at persuading the examiner. The biggest error is missing the deadline — the DoI is strict on timelines, and a late reply means the application is abandoned. The second is a bare denial: writing "we disagree" with no evidence. The third is ignoring one of multiple objection grounds — if the examiner raised three grounds and you only addressed two, the unaddressed ground alone can sink your application. The fourth is filing without an agent when the objection involves a legal nuance around similarity or acquired distinctiveness — the DoI's quasi-judicial process expects structured legal reasoning, and an experienced agent understands how to frame it.

When should you get professional help?

You can reply yourself if the objection is simple — say, a clerical error in the application form. But if the objection involves similarity to a registered mark, descriptiveness, or a claim that your mark damages someone's goodwill, it's worth engaging a Nepal-based IP agent. The DoI examination process under Sec. 18(1) of the Patent, Design and Trademark Act 1965 involves legal tests that benefit from professional framing. At IP Sewa, our trademark objection response service drafts and files your reply through experienced local agents who understand what DoI examiners look for. You can also use our trademark conflict checker to assess similarity risks before you even file — it's better to avoid an objection than to fight one.

In short: an objection is not the end of your trademark application. It's a structured opportunity to defend your mark. Write a clear reply that addresses every ground, attach real evidence, file on time, and you give yourself a strong chance. Most well-replied objections are resolved in the applicant's favour. Need help with your specific objection? Search our knowledge base for related guides, or contact us and we'll connect you with an IP agent who can draft and file the reply for you.

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