Trademark Examination Report
Trademark examination report shall contain the reason for objection. The applicant is required to filed 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 trademark objection with in 30 days of examination report. If the reply to trademark examination report found satisfactory, the Registrar shall proceed to accept the application and will advertise the same on Trademark Journal.
Reasons for Objections
The following are the major reasons marking the application as objected by the Registrar if Trademark:
- If the trademark does not have distinctive character or not capable of distinguishing the goods or services.
- If trademark applied for registration is similar to the marks already registered / applied.
Process For Filing The Trademark Objection Response
When the registrar is of the opinion that the application is liable for objection then 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.
The following are the steps to file a response in the event of a trademark objection:
1. Analyse the examination report
First step is to analyse the examination report and to determine the reason for the objection raised.
2. Draft reply to objection
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.
3. Timelines for reply to Examination Report
The reply to Examination Report has to filed within 30 days of the examination report with supporting documents. Also, the reply to trademark examination report should be drafted with legal expertise referring decided cases on similar matters and judgements by Tribunals / Courts / International references.
4. Extension of Time To File Objection Reply:
In case the reply is not filed within 30 days of report, the application will be declared as abandoned. Applicant can request the registrar to extend the time limit of 30 days by filing application TM-M electronically through the trademark agent with valid reason for the delay in filing the reply. If the reply to examination report is to be filed through a different trademark agent, a fresh Power of Attorney is also required.
Applicant can file application for extension of time for filing reply in Form TM-M with requisite Fee (Rs. 900.00).
Consequences of non-filing of Reply
Timely filing of reply to trademark objection is a crucial step of Trademark Registration Process. If the reply to examination report is not filed with in 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.
How S.K. Agrawal & Co. Helps in Examination Report?
With S.K. Agrawal & Co., you can hire our Representative for Trade Mark Hearing seamlessly. We can appear for Trade Mark Hearing in just 4 simple steps:
Step 1: Confirmation Mail Acceptance of our Proposal
Send confirmation mail at our email id regarding acceptance of our Proposal for appearance of Trade Mark Hearing. You can request a callback or directly call to our expert on phone number provided at our website. Our experts will contact you and clear all your queries.
Step 2: Send the Documents on our Email Id
Send below-mentioned documents on our email Id to appear for Trademark Hearing:
- Application Filed
- Reply filed before Registry (if Any).
- Duly notarized and signed Power of Attorney.
- Any Other document/information Related to Trademark
The Trade Mark Assignment from S.K. Agrawal & Co. is completely online and thus, you can save time and money as you need not have to visit our office. If you want to visit to our office you are most welcome.
Step 3: Document Verification by our Experts Team
Our expert team will verify the documents uploaded by you.
Step 4: Our Experts Team will file Trade Mark Examination Report Reply before Trade Mark Registry/Authority
After Filing Trademark Examination Report Reply before Trade Mark Registry/Authority our team will update you.
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