A Trademark Application can be objected by the Registrar if the trademark does not have distinctive character or if trademark is similar to the marks already registered or applied. The applicant has to file reply within 30 days from the examination report. 100% Online and Transparent Pricing. To Start the process Chat with Our Trademark Attorney .
Once Trademark get filed Registrar will examine filed trademark application & issue Examination report within 45-60 day. The registrar will decide whether the application can be accepted or not. If nor accepted, the registrar will mark the application as objected with specific reasons. The examination report will be communicated to applicant / trademark agent for submitting a reply to the examination report.
Trademark Objection is the second stage of Trademark Registration Process. All the Trademark applications will be examined by the Registrar of Trademarks. After examination of the application, the registry makes an examination report of application and will decide whether the application can be accepted or not. if accepted, the registry moved forward to advertise the trademark. In case if the examination report contains any observations, the same will be communicated to the applicant/trademark agent for submitting a reply to the examination report.
Trademark examination report shall contain the reason for objection. The applicant is required to file his reply in 30 days from the examination report. Generally, this examination report will be communicated to the trademark agent for action.
Thereafter, the applicant will be directed to file a reply to the objection within 30 days of the examination report. If the reply to the examination report found satisfactory, the Registrar shall proceed to accept the application and will advertise the same on Trademark Journal.
The following are the major reasons marking the application as objected by the Registrar if Trademark:
1. If the trademark does not have distinctive character or not capable of distinguishing the goods or services.
2. If the trademark applied for registration is similar to the marks already registered/applied.
The grounds of refusal of TM application can be divided into two parts:
Section 11 of the Act stipulates that where there exists a likelihood of confusion on the part of the public because of the identity with an earlier trademark or similarity of goods or services, the trademark shall not be registered.
In other words, where there is similar trademark exist in the Trademark register the trademark shall not be registered.
The term “earlier trade mark” means a registered trademark or an application which has a date of application earlier than the trademark in question.
The reply to Examination Report has to filed within 30 days of the examination report with supporting documents. Also, the reply to the trademark examination report should be drafted with legal expertise referring decided cases on similar matters and judgements by Tribunals / Courts / International references.
In case the reply is not filed within 30 days of the report, the application will be declared as abandoned. The applicant can request the registrar to extend the time limit of 30 days by applying TM-M with requisite (₹900.00), electronically through the trademark attorney with a valid reason for the delay in filing the reply.
If the reply to the examination report is to be filed through a different trademark attorney, a fresh Power of Attorney is also required.. Once the filing is done then need to draft objection reply for the same.
Timely filing of reply to trademark objection is a crucial step of Trademark Registration Process. If the reply to examination report is not filed within 30 days of notice / or by the extended time, the Trademark application shall be marked as abandoned by the Trademark Registry.
In case the application has been marked as abandoned, the applicant has to file a fresh application for the Trademark.
When the registrar is of the opinion that the application is liable for objection, the status of the application is changed to OBJECTED. A copy of examination report will be communicated to the trademark agent mentioning the reason for the objection and the applicant has to file reply to the same within 30 days of the objection.
First step is to analyse the examination report and to determine the reason for the objection raised.
Next step is to prepare an objection reply mentioning proper answer to the objection raised with supporting rule of law and judgments supporting the case, along with other supporting documents and evidence that validates the response.
The reply to objection has to filed within 30 days of the examination report with supporting documents.
If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal.
If it is not accepted, the registry will mark the matter for hearing and date / time wll be notified to the Trademark Attorney.
Applicant gets an opportunity of being heard and it eliminates the chances of Trademark being rejected straightway.
If the objection reply is filed perfectly then there are highest chances of getting the trademark registered.
