Reply For Trademark Objection

Reply For Trademark Objection

    About Service
The Trade Marks Office can, for various reasons, have objections to your trademark application. This may be because the word or logo is too similar to an existing trademark, because it could hurt religious sentiments or if it is likely to cause confusion, among various other reasons. You must file your response to this objection within a month from when the Examination Report has been published online. If it has been sent to you or your lawyer, then a month from when it was received. If you don't, the Registrar could abandon the application altogether.
 Timeline: 2-5 Working days
 Package Inclusions
  • TM objection advice
  • TM objection reply draft
  • Filing of reply with Registrar
 Documents Required
  • Affidavit
  • Supporting documentary proof for use of mark
  • Examination report for TM
 Process Details
  • Understanding objection raised
  • Collecting relevant proof
  • Drafting of a suitable reply
  • Filing of reply for TM objection
 Key Advantages
  • It is important to submit a proper reply to TM objection report within 30 days of issue of the report. If a legal reply is not filed, the trademark registry may cancel the trademark application and update the status of the application as abandoned.
 FAQs
  1. What is Trademark Objection?
    There are issues raised regarding the registrability of the filed application by the trademark examiner.
  2. What is to be done when an objection is raised?
    In order to overcome the objections, a written response needs to be filed with the Trade Mark Registry within one month from the date of receipt of examination report, failing to which the trademark application may be treated as abandoned by the Registry.
  3. What are the absolute grounds for trademark objection?
    Following marks fall under absolute grounds for trademark objection:-
    (a)Those marks which are devoid of any distinctive character (b)trademarks which may serve in trade to designate the kind, quality, values or other characteristics of the goods and services in question (c)mark which are likely to hurt the religious sentiments of any class of citizens.
  4. What are the relative grounds for trademark objection?
    Section 11 of the trademarks act lays down that a mark shall not be registered if there is a probability that it may cause confusion amongst the public.When the Trademark objections are raised by the registrar, a response should be filed within one month from the date of receipt of Examination Report otherwise, application shall be deemed to be withdrawn and treated as if it had not been accepted.
  5. What is the procedure for filing reply of trademark objection?
    A reply to trademark objection can be filed as per client requirement for quick registration of trade mark by filing reply as per the objection raised by trade mark officer. If the examiner is satisfied from this reply, then the application is ordered for the advertisement/publication in the trademark journals.

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