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How can you file a Trademark Objection Reply in India?

Trademark Objection Reply
Karan Singh
| Updated: May 17, 2021 | Category: Trademark

Peoples in India don’t like any sort of objection in their life, and this is the matter of Trademark Objection.  In this blog, we will tell you about the Trademark Objection Reply and Trademark examination report reply.

So, after hurrying here and there, you pick a Trademark for your business, and you must wait for the seed to prosper, but what you can get a Trademark Objection from the Indian Government.  We have to recognize that we have written in this blog on how to deal with objection in India, where we will try to cover all the sides of the ground.

An Overview of Trademark Registration

 Trademark is an exclusive right that safeguards the uniqueness or distinctiveness of the name for products/services that distinguish the company’s brand name from others. It may be a name, logo, word, graphic, sound, or even smell. An entity after the registration of Trademark must get its brand registration as early as possible.

Therefore, after filing the Trademark Registration application, the Trademark officials purposely examines the Trademark and examines the application & the mark and accomplish their Trademark Search. After conducting the full Trademark Search, they note down their opinions about the Trademark, chiefly out of the reasons why the registered Trademark shall not be incorporated in the examination report.

Such complete Trademark Objection, along with the appropriate provisions, is described in the Trademark Examination report. The applicant of the Trademark Registration must answer such objections within one month from the date of examination report receipt. Such a Trademark Objection reply is usually known as the Trademark examination report. For a reply to the examination report, it’s essential to understand the core of Trademark Objection.

What is the Meaning of Trademark Objection?

The Officer of a Trademark can file a Trademark Objection by explaining various reasons. A Trademark could be objected to due to a similar name, the descriptive similar name or design, banned name or damaging to the present Trademark, or the Trademark you pick may harm religious feelings of some sections or is likely to cause confusion among the clients.

After getting the Trademark Objection, you should file a Trademark Objection reply offline or online. The reply to such objection should be filed within one month time period commencing from the examination report that has been online published and came to your understanding; if the Trademark Objection is sent to you or your lawyer, then, in that case, the Trademark Objection reply must be filed within one file from the date when it received. If you don’t obey, the Trademark Registrar has the power to relinquish your Trademark application altogether.  

Trademark Objection- Who will raise it?

The Trademark Objection would be raised by an examiner of Trademark and is allowed with the responsibility for examination of applications for Trademark Registration.

An Overview of Trademark Examination Report

The Registry of Trademark examines an application for Trademark Registration within six months to one year from the date of Trademark Objection filing. A report includes the issues, facts and all other suitable drafts of the Trademark which is raised for Trademark Objection.

Who can file the reply to the Trademark examination report?

A Trademark Objection could be raised by the Officer of the Trademark. The applicant or candidate has the opportunity to submit the written response for the Trademark Objection raised. The reply of the examination report of Trademark that includes the facts, reason, or evidence as to why the mark must be registered in favour of the applicant along with the relevant evidence would be filed.

Therefore, if any examiner finds the reply well efficient and addresses all the study raised by their report, the application would be permitted to publish in the journal before Trademark Registration.

What is the Process of Trademark Objection Reply?

 Process of Trademark Objection Reply

Step 1: File Trademark Objection Reply: If the Registrar raises an objection to the Trademark Registration, the applicant will be given a chance to be heard and submit a written response to the objection, which the Trademark Registrar raises. You can also file the same online.

Hence, filing a reply doesn’t amount to guarantee that your Registration of Trademark will be approved after the objection is raised. The process of Trademark Registration is delivered after the fulfilment of the Registrar, where the approval or rejection depends upon the facts of each and every case.

Step 2: Check the Status of Trademark Objection: It is very rigid to periodically check the Trademark application status from the processing on the government side after the Trademark application filing. The registration of Trademark often requires different time-bound action or response or reply from the applicant. So it’s essential to check the status of the application and follow the action that is needed in the meanwhile. You have to file your Trademark Objection reply within one month from the date of receiving the Trademark Objection application.

Step 3: Publication in Trademark Journal: Trademark Journal[1] is a gazette of the Registry of Trademark where every removal, objection, or status of the application. If the examiner thinks and gives a robust impression that the reply to the Trademark Objection is enough and all concerns cited in the examination report of Trademark are advertised in the journal, then it is compulsory to file the Trademark Objection reply. While the application is advertised, the 3rd party has a chance to oppose the mark registration.

Fee of Trademark Objection Reply

The reply fee totally based on the objection status and the objection’s nature. It is advisable to take expert help while going for Trademark Objection reply as it required in-depth study and research.

Conclusion

If the reply of Trademark Objection filed timely could let the Trademark to get incorporated regularly. The applicant of the Trademark Registration must answer such objections within one month from the date of examination report receipt. Such a Trademark Objection reply is usually known as the Trademark examination report. Once you have the Trademark examination report in your hand, then just run for an expert who will help your Trademark Objection reply on time.

Read our article:How to File a Complaint Against Trademark Violation in India?

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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