Reply To Your Objected Trademark

A trademark is a kind of intellectual property which consists of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

During the process of registration the examiner should satisfy with the trademark which means the mark should be compelled with all criteria and rules for registration, in case the examiner feels unsatisfied with the trademark he may object the it. He will intimate to the applicant and the applicant need to respond within thirty days and such reply need to satisfy the examiner, on failing to reply the application will be abandoned and failing to satisfy the examiner may reject the application. Hence, reply should be crafted by an expert of trademark and Legal.

You can get the examination report of the trademark objection on the website of IPI India.

TM expert drafts and files a reply within the 3 working days of objection received subject to the availability of the documents

As far as the status is showing objected you can be able to file the reply for your trademark objection mentioned in the examination report

In case the trademark resembles or infringes any existing trademark or any other reason it might cause damages, in such cases the aggrieved party may file an objection to the examiner and the examiner may solve the issue based upon the parties statements and evidences. When the objection arose the examiner will inform to the applicant and he need to reply within sixty days on failing to do so the applicant will deem to be abandoned.

The Trademark objected will be done by the examiner by questioning on the essential criteria for the registration and the opposed will be done by the third party on the credibility of the trademark.

The reason for the objection can be many either regarding the documents filed or regarding the fulfillment of criteria mandated by the statue and rules.

The objection can be made with respect to the trademark statue and rules, which expressly restrains the registration of the trademark on basis of two ground absolute and relative grounds.

The response should satisfy the officer on failing to do so, the application will be rejected.

On rejection can approach the Intellectual property appellate board.

No there isn’t any government fee to file the examination reply.

No, you don’t need to be physically present for the process, OnlineLegalIndia is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India

Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.

The reply to the Trademark exam report should be submitted within 30 days from the date of examination report raised. If you didn’t file the reply within time, your trademark use rights shall be revoked.

After the filing reply to the Trademark Objection with the Registry, it will automatically be displayed on the application status in IPR website. Besides, the alert ‘Pending for Reply’ will be removed from the status.

You can submit the reply to the trademark objection report until the alert ‘Awaiting Reply to Examination Report’ is displayed. If you fail to submit reply much after the deadline, your trademark objection status will be marked as ‘Abandoned’.

The application is published in the trademark journal for next 3 months, where it can be objected by a third party. If no opposition has been made by the third party, trademark Registration Certificate will be issued by the Trademark Registry.