trademark objection series

 After filing a trademark application, the examiner of Trademarks will examine the trademark application to determine if there is any similarity with another trademark or other grounds for objection based on trademark characteristics.

The Examiner of Trademarks usually issues an Examination Report within two months of the filing of a Trademark Application. It contains the legal provisions or sections under the objection and the search report that shows the list of conflictsing marks.

trademark objection reply Response

Law provides that every person has the right "Opportunity to be heard". trademark objection reply (or Reply to Examination Report) is the most crucial stage of the Trademark Process. If an examiner raises objection, they have 30 days to reply to the examination reports. This means Reply to Examination Report on objections in the examination report must be completed to avoid the Trademark Process being stopped.

What Are the Reasons for Trademark Omission?

Trademark Examiner raises objection on these grounds:

  1. Similarity of Trademarks: If the Trademark being applied is identical or similar to an existing trademark, the Trademark Examiner can raise objections during examination
  2. Report Non-Distinctiveness from Other Trademarks/Descriptive Nature: The Trademark examiner may raise objections in the examination report if the Trademark does not have a distinguishable character or is not capable of distinguishing the goods or services.

Consequences if a Reply to an Examination Report is not received

As we discussed, a reply is required to an examination report. However, if we fail to take the action outlined in the examination reports within the deadline, the trademark process may be stopped. The status of "ABOUNDNED" means that the trademark application was rejected on the ground of lack of legal proceedings.

Package Includes

  1. Consultations with experts are free
  2. Response to an Examination Report
  3. Trademark Monitoring 24x7

Documents

  1. Trademark Application Number
  2. Power of Attorney (TM48)
  3. Additional Documents
  4. Annexes, the core part of evidences

Benefits of Replying an Examination Report

  1. Register in less Time- The Trademark can be quickly registered if the Trademark reply has been submitted within the deadline and the examiner of Trademark application is satisfied with the grounds set out in reply.
  2. Status changed to "ACCEPTED" – The examiner can modify the status of a trademark form from "OBJECTED" to "ACCEPTED" by approving the grounds set forth in the reply.

Procedure

After consulting with the client, our Legal expert will prepare the Reply legal draft and issue a copy to him. All documents with the copy of his drafted reply will be submitted online to Trademark Registry after finalization. The client will be notified of the receipt.

Time Taken
One Day: When all required documents have been completed.

FAQs

What grounds does a Trademark Examiner raise an Objection?

Trademark Objection falls generally under section 9 or section 11, i.e. Absolute and relative grounds.

Does it have to be filed a Reply?

Yes. If you fail to file your trademark application on time, your trademark status could be ABOUNDNED.

What time limit is there to respond?

Within 30 days of the date of publication of an examination report.

Do Trademark Reply requests require that you appear physically?

Trademark Reply can be completed online and does not require a physical appearance.

What's the difference between Trademark Objection and Trademark Opposition?

Trademark Objection is raised in Trademark Examiner and Opposition is raised in Trademark Opposition by the third party.

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