Trademark objection

After Filing of Trademark Application, the examiner of Trademarks, examine the trademark application and if he found some similarity with other trademark filled or some other grounds for objection on the basis of characteristics of trademark, may raise an objection in the examination report. 

The Examiner of Trademarks generally issues an Examination Report within 2 months from the date of filing of Trademark Application which consists of the legal provisions or sections under which the objection is raised with the search report which is showing the list of conflicting marks.

Trademark Objection Reply

As per Law, every person has the right to “Opportunity of being heard” and Reply of Trademark objection is the most important stage and essential part of the Trademark Process, if an examiner raises an objection, gives 30 days’ time to reply to the examination report and which means Reply to examination report on the objections raised in examination report are to be necessarily complied with to avoid the stoppage of the Trademark process.

What are the Reasons for Trademark Objection?

The Trademark Examiner raises the objection on the following grounds:

1. The similarity of Trademark: When the Trademark applied is the same or similar to the existing trademark, then the Trademark examiner can raise the objection in the examination
2. Report Non- Distinctiveness from other Trademarks/ Descriptive Nature: If the Trademark applied does not have a distinctive character or is not capable to distinguish the goods or services, then the Trademark examiner can raise the objection in the examination report.

Consequences, if Reply to an examination report is not made timely

As discussed, a reply to an examination report is necessarily complied with, but if we do not take an action timely given in the examination report, the trademark process can be stopped with the status of “ABOANDNED” which means the trademark application has been refused on the basis of lack of legal proceedings.

Package Includes

1. Free Consult with Legal Expert
2. Reply to an Examination Report
3. 24X7 Monitoring of Trademark

Documents Required

1. Trademark Application Number
2. Power of Attorney (TM-48)
3. Other Documents in the evidence
4. Annexures, core part of evidences

Advantages of Reply an examination report

1. Register in less Time- If the Trademark reply is submitted in time, and the examiner of the Trademark application, is satisfied with the grounds put out in reply, the Trademark can be registered quickly.
2. Status Changed as “ACCEPTED” – After making a reply of Trademark, on the approval of grounds made in reply, the examiner can change the status of trademark form “OBJECTED to ACCEPTED”.

Procedure 

Our Legal expert with the client’s discussion and on the basis of information provided will prepare the legal draft of the Reply and will issue a copy to the client, after finalization, all the documents with the copy of the drafted reply shall be submitted online to Trademark Registry. The receipt of submission is to be shared with the client.

Time Taken
Single Day, when the required documents are completed.

FAQs

On what Grounds a Trademark Examiner raises the Objection?

Generally, Trademark Objection comes under section 9 and section 11 i.e. absolute and relative grounds.

Is it mandatory to file a Reply to an examination report?

Yes, if you don’t file timely, the trademark status can be ABOANDNED and a fresh process has to be started.

What is the time limit to file a reply?

Within 30 days from the date of issue of an examination report.

Is it mandatory to appear physically for Trademark Reply? 

No, Trademark Reply has to be filled online, and no need to appear physically.

What is the distinction between Trademark Objection & Trademark Opposition?

Trademark Objection is raised by the examiner of Trademark and Opposition is raised by the third outsider party.