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.

Send A Reply To Trademark Objection

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.

FAQs

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.