Trademark Objection Reply
The reply to the Trademark objection must include reasoning, facts, supporting rules of law, and judgments, as well as proof and other supporting documents.
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INTRODUCTION
What is a Trademark Examination Report (TER)?
A trademark application goes via various steps, the maximum critical of which is examination with the aid of the registry. An official would evaluate the application and check for mistakes or accuracy in accordance with the Trademarks Act and its Rules.
Following evaluation, an examination report is produced, including the examiner’s remarks. If there aren’t any conflicts with the regulations or other logos, it’s miles submitted for ebook inside the Journal. However, inside the occasion of a dispute, the examiner raises an objection and instructs the applicant/legal professional to respond as to why the application ought to be advanced to the next step. Failure to reply may additionally result in the utility being deserted, requiring the applicant to respond to the Registry’s examination document.
Why is it important to respond to trademark objections?
To Avoid Abandonment
To proceed to the next level of the registration procedure, you must submit a response to the examination report. Failure to file a response to a trademark objection report within one month after the report's transmission will result in the abandonment of the whole TM application.
Establish your brand's distinctiveness.
The Trademark objection reply letter allows the applicant to provide the reasons why he or she is qualified to have his or her trademark registered. With a written response to the report, one can present arguments as to why the objections are not applicable to the TM application and demonstrate the mark's distinctive attributes.
Common Reasons for Trademark Objection in India
The mark is not distinguished or unique.
Marks that seem deceptively similar
Mark describes the characteristics of the products.
Descriptiveness of the Trademark
ONLINE REGISTRATION
Three Simple Steps to Respond to an Examination
1. Respond to Quick Questions
- Choose the package that best meets your needs..
- Please provide us with the application number and examination report issued for your TM.
- Learn about the issues presented by the Registry.
- Pay using a safe and secure payment gateway.
2. Specialists at Your Disposition
- Manager of the assigned relationship
- Consultation regarding examination and search report
- Drafting a response to the examination report
- Online submission of response by a registered attorney
3. Your reply has been sent!
- All it takes is four working days.
THE PROCESS
Procedure for submitting a Reply to an Examination Report
DAY 1 - Consultation
- Gathering essential information
- Consultation regarding reasons of objection made by the examiner.
- Discussing acceptable replies to the examination report.
DAY 2-3 - Execution
- Experienced lawyers draft responses.
DAY 4 - Submission
- TM Objection Reply Filing online
Common Queries
- Your trademark is considered to be opposed when the examiner raises certain concerns about its registrability. The Trade Mark Registry must receive a formal response in order to address the objections. A hearing is set for arguments to be made in person if the Examiner is not persuaded by the written response.
- A written response that provides enough reason and clarifications regarding a trademark’s uniqueness and registrability must be filed when the Examination report is produced by objecting to the registration. The mark would be published in the journal if the examiner is satisfied with the filed response.
- The applicant must periodically monitor the Trademark Application’s progress in order to keep informed. The application’s status is changed to “Objected” with an alert stating “Awaiting Reply to Examination Report” as soon as the examination report is released.
- No, the trademark applicant is not required to give up using the ™ symbol. The Registry does not require the applicant to cease using the TM symbol next to the Brand Name or Logo in order to issue the Examination Report.
- It is necessary to file the answer to the Trademark Registry’s examination report within one month of the date of dispatch. Even after the specified time frame has elapsed, the Registry nonetheless accepts the answer. Up until the application status indicates “Awaiting Reply to Examination Report” rather than “abandoned,” the respondent may send their response.
The registered attorney’s proper filing of the trademark objection reply will also be reflected on the application progress monitoring page. Moreover, the TM website’s application status will no longer have the warning “Pending for Reply” or “Awaiting Reply to Examination Report” displayed. Because the Registry’s processing is still ongoing, the status would remain “objected.”