Format to Reply to The Objected Trademark in India

It is necessary to respond to the objection raised during the process of Trademark registration in India. During the process of Trademark registration when the registrar carefully reviews your application and brand name and ensures that it meets all the rules and regulations of the Trademark Act and that your brand name is not similar to other brand names and vice versa if any problem or issue is raise they will let you know.

It is important to fix these issues and respond to them smoothly so that your brand name gets registered successfully without any problem. This stage is the initial stage of challenging the trademark. This article is for giving knowledge about the Format to reply to The Objected Trademark in India.

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Trademark Objection

It is the initial stage of the registration process and is filed by the examiner/registrar. When the examiner carefully reviews the trademark application to ensure that the application complies with all the required documents and laws, he raises concerns or objections if he feels that the application needs correction or is not in order.

The examiner/registrar files objections under Section 9 (absolute grounds of rejection) and 11 (relative grounds of rejection) of the Trademark Act. These must be resolved and responded to within the specified time (usually 30 days) to prevent the application from being rejected.

Reasons For Objections

Major reasons for objectionable trademarks:

• When the trademark has no distinctive character and is unable to reasonably distinguish products and services.
• If the trademark is similar to an already existing registered trademark.

Reply to The Objected Trademark

The reply to the objections of the trademark examiner is called ‘Objection Reply’. In your objection reply, you have to explain why your trademark is unique and different from other marks and properly describe your goods and services that are related to the trademark.

The examiner’s response to your trademark will help you to explain why your mark is not similar to the opposing trademark. Always make sure that your trademark meets all the legal requirements and that you provide all the evidence to support your trademark. Trademark examiners usually want responses in a specific format and want them on time.

Requirements 

The TM applicant has to submit the reply within Thirty days of objection. Otherwise, it will be declared abandoned or rejected.

• Form TM-M – used for an extension of time to file a reply.

Required Documents

• Power of attorney
• Response to the examination report
• Supporting documents
• ID and Address proof
• Affidavit
• Other evidence like, letterheads, brochures, visiting cards, invoices, etc.

How to File a Reply to The Objected Trademark?

Response to trademark objection: An objection occurs when the registrar reviews. The application feels that it does not meet all the requirements of registration and is worthy of objection. After the trademark agent receives. The investigation report, the reason for the objection is inform. the applicant has 30 days to respond.

Investigation of examination report: First, properly check and examine. The examination report and understand the actual reason for the objection raise by the examiner.

Draft response to objection: The second step is to prepare. The reply to the objection should include all documents, evidence, and arguments that support your trademark.

Deadline to respond: Reply to the trademark objection is to submit within 30 days of the receipt of the examination report along with supporting documents.

If the reply is accepted: Then it will publish in the TM Journal.

If the reply is rejected: If the Registry does not accept the reply to the objection, The TM Agent is informed. When the hearing of the case is scheduled.

Consequences of Non-filing of Reply

It is necessary to respond to any kind of objection within 30 days of the objection.  Otherwise, the registered application will be declared abandoned or rejected If in any case, the application is abandoned, the applicant has to apply a fresh file to register the trademark.

Conclusion

You can increase your chances of successfully registering your trademark by fully understanding the reasons for objections and taking appropriate steps to respond to them on time. Successfully getting through this difficult objection process requires being aware of the objection, proper investigation, open communication, and ethical behavior, preparing an appropriate response, maintaining a professional tone, and collaborating with legal experts. For more information about the Format to reply to the Objected Trademark in India, contact A Star Legal. Remember and understand that an objection is your chance to prove that your trademark is distinct and valuable.

Contact for Trademark registration at +91 9314321001