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Trademark Objection Reply

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.

File Your Reply

    Significance of filing Reply to Examination Report

    Prevent Rejection of Application

    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.

    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.

    Normal Cases of Trademark Objection

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

    Documents Required for Trademark Objection Reply

    Application Number

    Trademark Application Number

    Power of Attorney

    Duly Signed POA (Power Of Attorney) is required, if the trademark application is not filed by BookMyTM.

    File Reply for Trademark Objection in 3 Easy Steps

    Fill up the registration form

    Select any package suits your requirement. Fill up the form which will take less than 10 minutes.

    Make payment

    Make payment through secure payment gateway.

    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
    • 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

    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

    Day 2 – 3

    • Drafting of Reply for Objection by Experienced Layers
    • Finalizing the reply to be submitted with customer

    Day 4

    • Filing Trademark Objection Reply Online

    Frequently Asked Questions

    What is a trademark objection?

    A trademark objection is a preliminary refusal of a trademark application by the trademark examiner. It is not an outright rejection. The examiner raises objections when the application violates certain rules and regulations of the Trademark Act.

    What happens if I don't file a reply to the trademark objection?

    If you fail to file a reply within the stipulated time, your trademark application may be abandoned or rejected by the registry.

    How long does it take to get a reply to the trademark objection?

    The time taken to receive a response from the trademark registry after filing a reply can vary. It may take several months for the examiner to review the reply and decide on the next course of action.

    Can I file the trademark objection reply myself?

    Yes, you can file the reply yourself. However, it is highly recommended to seek professional help from a trademark attorney or agent to draft a strong and effective reply, as it involves legal arguments and understanding of trademark laws.
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