Trademark Objection Reply

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Trademark

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Trademark Objection Reply

After the application, trademark passed from various stages, where the Registry examines the mark. If TM registry issues examination report, it is important to respond with your grounds to protect the trademark.

Tags: trademark, objection, reply, intellectual, property

What is Trademark Examination Report?

Trademark application passes from several stages, where Examination by Registry is a crucial stage. An officer would examine the application and check for any errors or correctness of the application confirming to the Trade Marks Act and its Rules.

Upon review, an examination report is issued with the comments of the examiner. If there is no conflict of rules or other trademarks, it is passed to publication in Journal. However, in the case of confliction, the examiner raises an objection and alerts the applicant/ attorney to submit his/her reply as to why the application should be passed to next stage. Failure to reply may abandon the application which compels the applicant to file a reply to the examination report issued by the Registry.

Why Trademark Objection Reply is necessary?

To Prevent Abandonment

Filing reply to examination report is mandatory to reach the next stage of the registration process. Failure in filing the reply to trademark objection report within a month from the date of dispatch of the said report would lead to the abandonment of the whole TM application.

Establish your Mark's Distinctiveness

The Trademark objection reply letter provides the opportunity to present the ground as to why the applicant is entitled to get his/her mark registered. With written reply to the report, one put can put forward the arguments on how the objections are not applicable to the TM application and show the mark’s distinctive features.

Explore Trademark Examination and Objection

What does it mean by TM application status “Objected”?

When the examiner raises some objections regarding the registrability of your trademark it is said to be objected. To overcome the objections, a written response needs to be filed with the Trade Mark Registry. If the Examiner is not convinced with the written response, a hearing is scheduled for allowing arguments to be put forth in person.

How can I get my TM application approved for publication in Trademark journal?

When the Examination report is issued by objecting the registration, a written reply needs to be submitted that gives sufficient justification and clarifications regarding a trademark’s distinctiveness and registrability. If the filed response satisfies the examiner, the mark would be published in the journal.

How should I know when the application of Trademark is under objection by the Ministry?

The status of the Trademark Application is required to be tracked from time to time by the applicant in order to stay updated. When the examination report is issued, the status of the application is changed to “Objected” with alert “Awaiting Reply to Examination Report”.

Link for tracking the status: http://ipindiaonline.gov.in/eregister/eregister.aspx

Do I need to stop using ™ Mark for my Trademark or Logo when Trademark Objection/ Examination Report is issued?

No, the applicant of the trademark does not need to stop using the ™ sign. By way of issuing the Examination Report, the Registry does not compel to stop the applicant from using the ™ sign beside the Brand Name or Logo.

In what time the Response/Reply to online Trademark Objection in India shall be submitted?

The response to the examination report issued by the Trademark Registry is required to be filed within 1 month from the date of dispatch. However, the Registry accepts the response even after the stated period is passed. One may submit the reply till the status of the application shows the alert of “Awaiting Reply to Examination Report” and not “abandoned”.

How may I know that the reply is duly filed with the Registry?

Once the Trademark objection reply is duly filed by the registered attorney, the reply will also be displayed on tracking the application status. Further, the alert “Pending for Reply” or “Awaiting Reply to Examination Report” will be removed from the application status on the TM website. The status would still be “objected” as the processing from the Registry would be pending.

What time will be taken to reach the next stage after filing of response with the registry?

The Trademark Registry normally takes 6 to 8 months to process, verify and review the reply filed with the registrar.

What are the chances of issuance of show cause notice after filing reply to TM objection?

The show cause notice for hearing is issued in very exceptional cases, where the trademark applied is very similar to any other applicant or examiner is not satisfied with the reply filed along with the supporting grounds.

What is the step after the Application is published in the journal?

The application, when it is accepted by the Registry, is published in a journal for a period of 4 months and is open for the opposition by the Third Party. After completion of 4 months, where no opposition by the third party is received, the Registration Certificate of the trademark is issued by the Registry.

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Trademark Objection Reply

To Prevent Abandonment

Establish your Mark's Distinctiveness

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Trademark Objection Reply

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Trademark Objection Reply

To Prevent Abandonment

Establish your Mark's Distinctiveness

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About TaxClue

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Regional Office

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Customer Service

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