Send A Reply To Trademark Objection

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Trademark Objection Reply

A Trademark registration application is kept open for a period of 120 days for the public to file objections against the Trademark. A trademark objection may be filed if the Trademark is identical or similar to an existing Trademark, contains some offensive or abusive words or causes confusion in the minds of consumers.

In case, a Trademark objection is received, a reply must be filed to the objection within 1 months of receiving it. The Trademark objection reply is drafted by a Trademark lawyer and filed with the Trademark Registrar. If no reply to Trademark objection is filed, the Registrar has the option to abandon the Trademark application altogether.

A Trademark registration application is kept open for a period of 120 days for the public to file objections against the Trademark. A trademark objection may be filed if the Trademark is identical or similar to an existing Trademark, contains some offensive or abusive words or causes confusion in the minds of consumers. In case, a Trademark objection is received, a reply must be filed to the objection within 1 months of receiving it. The Trademark objection reply is drafted by a Trademark lawyer and filed with the Trademark Registrar. If no reply to Trademark objection is filed, the Registrar
as the option to abandon the Trademark application altogether.

A Trademark registration application is kept open for a period of 120 days for the public to file objections against the Trademark. A trademark objection may be filed if the Trademark is identical or similar to an existing Trademark, contains some offensive or abusive words or causes confusion in the minds of consumers.

In case, a Trademark objection is received, a reply must be filed to the objection within 1 months of receiving it. The Trademark objection reply is drafted by a Trademark lawyer and filed with the Trademark Registrar. If no reply to Trademark objection is filed, the Registrar has the option to abandon the Trademark application altogether.

Cost effective & Transparent Pricing

Basic

Rs. 2360/- inclusive of all fees

Trademark objection reply drafting and filing with Trademark Examiner, for Trademark application filed by LEGISTIFY'S Legal Experts. Inclusive of government fees and GST.

Standard

Rs. 4300/- inclusive of all fees

Trademark objection reply drafting and filing in Form-48 with Trademark Examiner, for Trademark application filed by third-parties. Inclusive of government fees and GST.

Advanced

Rs. 5500/- inclusive of all fees

Trademark objection reply drafting and filing with Trademark Examiner plus Trademark rectification. Inclusive of government fees and GST.

What documents are required filing a Trademark objection Reply?

The documents needed to file a reply to Trademark objection includes the following:

  1. Trademark Application Number
  2. Proof of use of Trademark
  3. Affidavit
  4. Examination Report of Trademark

What is the process to file a Trademark Objection Reply?

Upon receiving the examination report of Trademark, a reply is drafted and filed with the Trademark Registrar within 1 months. An affidavit and the proof that the Trademark is used by the owner needs to be filed along with the reply. After scrutinisation of Trademark objection reply, the Registrar has the option to approve the Trademark or reject the application.

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Choose The Kind Of IPR You Want To Register

Compare the different kinds of Intellectual Property Rights!

Key Features Trademark Copyright Provisional Patent Patent
+ Protection To Brand Identity Original Work Invention or Innovative process Invention or Innovative process
  Protects the logo, mark, symbol, word, slogan, etc. used for the product or service. Protects the expression of original artistic, literary or musical work of the creator. Protects the novel idea or invention of the creator. Protects the novel idea or invention of the creator.
+ Provisional Application
  No need to file a provisional application. No provisional application is needed. It itself is a provisional application. Provisional application is needed to be filed before filing for a patent.
+ Validity 10 Years 60 Years 1 Year 20 Years
  Validity of a Trademark is 10 years, after which it can be easily renewed. A copyright registration is valid for 60 years and posthumous registration is for 60 years from the date of publication. A provisional patent is valid for only 1 year, after which a patent registration must be obtained. A Patent is valid for a period of 20 years from the date of filing the patent application.
+ When To Apply Before Use Anytime Before Use Before Use
  A Trademark application must be filed before using it for better protection. A Copyright can be registered at any time. A provisional patent must be obtained before the use of product or process. A Patent must be obtained before the use of product or process.
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Frequently Asked Questions

What is must be included in a Trademark objection reply?
The Trademark objection reply must contain the reasons, facts and evidences as to why the mark should be registered. It states the evidence and facts as to why a Trademark must be granted to the owner.
Is there any time limit to file a reply to Trademark objection?
Yes, a Trademark objection reply must be filed within 30 days from the date the Trademark examination report is issued.
Is Trademark Examination different from Trademark Objection?
No, a Trademark examination report and Trademark objection are one and the same thing.
What happens after filing the reply to Trademark objection?
The Trademark objection reply is filed online with the Trademark Registrar. An acknowledgment of the reply is sent to the Trademark user. The Registrar examines the reply and either grants or rejects the application in around 6 months to 1 year.
Is it mandatory to file a reply?
It is highly important to file a Trademark objection reply if you want to keep using your Trademark. In case, you do not file a reply to objection, the Trademark Registry can cancel your application and consider your Trademark as abandoned.
What happens after the reply is reviewed by the Registry?
Once the Trademark objection reply is reviewed by the Registrar, the application is assigned the title of either ‘marked for examination’ or ‘ready for show cause notice’. Under the ‘ready of show cause notice’ status, the user will have to provide additional grounds for clarification.
How much time is taken after filing a reply?
The Trademark Registry takes around 6 to 8 months to process, verify and review the reply to Trademark objection filed with the registry.
Do I need to stop using ™ mark after Trademark objection?
No, you do not have to stop using the ™ sign. By way of issuing the Examination Report, the Registry does not ask you to stop using the ™ sign.
What happens after the Trademark application is published?
When the application is accepted, it is published in journal for a period of 3 months and is open for the opposition by any third party. After completion of 3 months, where no opposition by third party is received, the Registration Certificate of the trademark is issued by the Registry.
How many Trademark classes are there?
There are 45 Trademark classes divided in accordance with different kinds of products and services.

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