A Trade Mark distinguishes the goods of one manufacturer or trader from similar goods of others and therefore, it seeks to protect the interest of the consumer as well as the trader. For Goods it is called trademark and for services it is called service mark. While applying for the Registration of Trademark, it may happen that the status of your trademark registration shows as “Objected”. The objections to your application can be made by the Registrar or any other Examiner in his Examination Report. When the trademark application is objected, then, the reply shall be required to be made to such Examination Report.
The response or reply to the objection in the examination report shall contain the facts of the case, the reasons and evidences as to why the trademark applied for should be allowed to be registered in the name of applicant. The reply should be made keeping in view the provisions of the Act and rules, settled judgements of the courts and trade parlance, if any. Further, if the examiner is satisfied from the reply of the applicant in respect of all issues mentioned in the examination report, trademark applied for is allowed to be published in the trademark journal and after a certain period it is registered in the name of the applicant.
We at Taxmuneem helps you in filing such response with reference to the queries raised in the Examination Report.
Drafting of reply and filing with Examiner
Any other service selected in the package
Application for new Registration
Fees for filing new Registration
Application number of trademark
Any other information required
2-3 Working days after the receipt of information
The time limit for filing the response shall be 1 month to:
- Make a reply against the trademark objection
- Submitting such application through online to the trademark registration office.
Under the following circumstances, the Registrar or Examiner can object the Registration of Trademark:
- If the applicant has used incorrect trademark form
- If the applicant has failed to file Form TM-48
- Incorrect Address on Trademark Application
- If the Trademark resembles to some existing Trademark.
- If the Trademark lacks distinctive character
- If the Trademark is Deceptive
The following are the features for Trademark Objection Reply:
- Keeping the track of examination report
- The Examiner or the Registrar may call to clear doubts
- If the reply to the objection is not filed on time, then the trademark shall abandon.
- The Reply to the Objection shall be filed within 30 Days.
- The Reply to such objection is Mandatory in Nature.
If 30 days has been passed off from the issue of the TM Examination report, you can file the reply, if the status is still showing awaiting for the reply of examination report and not abandoned.