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Trademark Objection Reply

The Purpose of Trademark Objection Reply

After filing the trademark application, trademark issuing process passes through various stages, where the Registry official examines the application for any errors or correction on the application confirming to the Trademark Act and its Rules. After review, an examination report is issued with comments of examiner.

If the application is error free, comply the norms and not conflicting with any of existing trademarks, it passes to publication in journal. If there is any correction, violation of norms or conflicts with existing Trademark, the examiner rises an objection and alert the applicant/attorney to submit his/her replays to why the application should passed to next stage. Failure in filing reply to objection within prescribed time may end up in rejection of the application, which compels the applicant/attorney to file a reply for the objection made by examiner in the examination report.

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Significance of filing Reply to Examination Report

Prevent Rejection of Application

Yes. If the trademark application is objected by the Examiner of Trademarks, failure in replying, within one month from the date of receipt of the examination report may end up in rejection of the application, which compels the applicant/attorney to file a reply to the examination report.

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Pointing out Distinctiveness

With an objection replay the applicant gets an opportunity to present the grounds on which he/she is eligible for get their mark registered. With a written reply to the report, one can put forward arguments – why objections are not applicable to the mark, he/she applies and point out the mark’s distinctive features.

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Normal Cases of Trademark Objection

Mark is not unique or distinguished Deceptively Similar Marks Mark Describing Characteristic of Product Descriptive nature of the Trademark

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Register for Trademark Objection Reply Online

Documents Required for Trademark Objection Reply

  1. Application Number Trademark Application Number
  2. Power of Attorney Duly Signed POA (Power Of Attorney) is required, if the trademark application is not filed by BookMyTM.

Register Online

File Reply for Trademark Objection in 3 Easy Steps

  1. Fill up the registration form

    Select any package suits your requirement

    Fill up the form which will take less than 10 minutes

    Make payment through secure payment gateway.

  2. BookMyTM is Here to Help

    Your queries will be answered quickly and effectively

    Provide the Application Number & Examination Report issued for your TM.

    Provide details & upload documents required if any for filing Trademark Objection Reply

    Know the grounds of objection by registry

    Consultation for examination and search report

    Drafting reply to objections on examination report

  3. Filing of reply online by a registered attorney

    Your Trademark Objection Reply is submitted!

    All it takes 4 working days*

    *Subjected to Registry Processing Time

The Process of Trademark Objection Reply

  1. Day 1

    Collection of Information

    Consultation for grounds of objection raised by the registry

    Discussing the suitable reply to the objection in the examination report

  2. Day 2 – 3

    Drafting of Reply for Objection by Experienced Layers

    Finalizing the reply to be submitted with customer

  3. Day - 4

    Filing Trademark Objection Reply Online

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FAQ

What are the normal cases of Trademark Objection?

The major reasons for objection are as follows: Mark is not unique or distinguished Deceptively Similar Marks Mark Describing Characteristic of Product Descriptive Nature of the Trademark

What is the time limit to reply to a trademark objection by registry?

The trademark objection must be replied within one month of dispatch of the examination report.

What will happen to the application if there is no objection on the examination report?

If there are no objections in the examination report, your application passed for journal publication.

Is it a must to reply for Objection on the Examination Report?

Yes. Otherwise application for registration of trademark will be treated abandoned.