BookMyTM – Trademark & ISO Services in Kerala

Legal Services

Trademark Objection Reply

Expert drafting and filing to overcome objections and secure your registration.

809 809 0880

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File for Rs. 2800

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    Purpose of Objection Reply

    After filing, the Registry examines your application. If it contains errors, violates norms, or conflicts with existing marks, an Examination Report is issued with objections.

    Failure to reply within the prescribed time can lead to rejection. A professionally drafted reply addresses these objections, arguing why your mark is distinctive and valid, allowing it to proceed to publication.

    Why Reply?

    It is your opportunity to defend your mark. A strong legal reply can prevent rejection and move your application to the next stage.

    Significance of Filing Reply

    Prevent Rejection

    Failure to reply within 1 month of the report leads to automatic abandonment of your application.

    Prove Distinctiveness

    Present arguments on why your mark is unique and does not conflict with existing trademarks.

    Resolve Issues

    Clear up common objections like deceptive similarity or descriptive nature of the mark.

    Documents Required

    Application Number

    The specific Trademark Application Number.

    Power of Attorney

    Required if original application wasn't filed by us.

    File Reply in 3 Easy Steps

    01

    Register & Pay

    Select package, fill form & make payment.

    02

    We Will Help

    Consultation, Analysis of Report & Drafting.

    03

    Reply Filed

    Filed within 4 working days*. (Subject to Registry)

    Process Timeline

    Day 1

    Analysis
    • Consultation on grounds of objection
    • Discussing suitable reply strategy

    Day 2 - 3

    Drafting
    • Drafting of Legal Reply by Attorneys
    • Finalizing the reply with customer

    Day 4

    Filing
    • Filing Objection Reply Online

    Section 9: The "Descriptive" Trap

    Registry Examiners frequently object to names that describe the quality or kind of goods (e.g., "Tasty Bakery" or "Kerala Spices").

    The "Proviso" Defense

    We argue under the Proviso to Section 9(1). We admit the word is descriptive but prove that it has acquired a "Secondary Meaning" because of your long usage.

    Visual Prominence

    We also argue that while the words are common, the logo/artistic work is unique. This often convinces the Examiner to accept the mark with a condition that you have no exclusive right over the words alone, only the logo combination.

    Section 11: The "Similar Mark" Hurdle

    If the Examiner cites a similar mark (e.g., You applied for "JioMarts," they cite "Jio"), the reply must be surgical.

    Phonetic Difference

    We analyze the syllable breakdown.

    Visual Difference

    We compare the font, color, and layout side-by-side.

    Goods Difference

    Even if names are similar, if you sell "Cement" and they sell "Cosmetics," there is no confusion. We highlight the disparate nature of the consumer base.

    Frequently Asked Questions

    What is a trademark objection?

    A trademark objection is a preliminary refusal by the examiner. It happens when the application violates certain rules (e.g., similar to existing mark, descriptive). It is not an outright rejection.

    What happens if I don't file a reply?

    If you fail to file a reply within the stipulated time (usually 30 days), your trademark application will be abandoned or rejected by the registry.

    How long does it take to get a result after reply?

    It varies. It may take several months for the examiner to review your reply and decide whether to accept the mark or call for a hearing.

    Can I file the reply myself?

    Yes, but it is highly recommended to seek professional help from a trademark attorney. A strong legal argument is crucial to overcome objections.

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