Trademark Objection Reply2022-07-18T12:22:22+05:30

Online Trademark Objection Reply

Trademark Objection reply is required to be filed by owner of a trademark where the Trademark Examiner raises any objection against the registration of the trademark. The reply has to be filed within a period of 30 days to the Trademark Registry Office.

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    Online Trademark Objection Reply

    Once the Trademark application is filed with the Registrar of Trademarks, it passes through various stages. In the initial stage, the Trademark Examiner examines the trademark application and looks for any errors or mistakes in the application. The examiner could raise an objection if he finds that the application filed does not qualify for a valid registration as per various grounds listed in the Trade Marks Act, 1999.

    If there is no objection raised by the examiner, then the application is accepted and then further published in Journal for a period of 4 months. However, if Examiner raises any trademark objection, the applicant is made aware of it through the Trademark Examination report. In such a case the applicant by filing a trademark objection reply is required to prove that his application should be passed to the next stage and his application has the caliber to avail a valid registration. Failure to file a trademark objection reply shall lead to abandonment and rejection of the Trademark Application. Thus, filing a Trademark objection reply is an important step, to get your Trademark registered.

    The trademark objection reply shall be filed within 30 days. It must contain valid reasons, relevant case laws, supporting documents and evidences as to why the mark should be registered in favor of the applicant.

    What happens if I don’t file Trademark Objection Reply?

    Filing reply to the examination report is an important step for the registration of the trademark. The reply has to be filed within a period of 1 month from the date of receipt of examination report. Alternatively, the applicant may also request for Trademark Hearing.

    In case, reply to the examination report or request for hearing is not received within a period of 1 month, then the trademark application shall be treated to have abandoned or rejected.

    Reasons for Trademark Objection

    • Already existing trademark

      • This is the most common reason for the objection of a trademark application, it is raised by the Registrar/Examiner when there is an already registered trademark existing like the one proposed by the applicant. This may cause a likelihood of confusion on the part of the public between the trademarks.
      • This kind of objection is raised by the Registrar/Examiner under Section 11 of the Trademarks Act 1999.
    • Lack of Distinctive character

      • This is another common reason for the objection of a trademark application, it is raised by the Registrar/Examiner when the trademark is non-distinctive and as such and is not capable of distinguishing the products and services from one another. For example, the words like Sugar, Carbon, Salt etc. which lacks distinctive character shall fall under this category of objection.
      • This kind of objection is raised by the Registrar/Examiner under Section 9(1)(a)of the Trademarks Act 1999.
    • Descriptive Character

      • This is the third common reason for the objection of a trademark application, it is raised where the trademark consists of words or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin, or time of production of the goods or rendering of the service or such other characteristics of the goods or service. For example, trademarks such as 15 degrees thermometer, green garden, red apples, Belgium Chocolate etc. shall be considered as descriptive in nature.
      • This kind of objection is raised by the Registrar/Examiner under Section 9(1)(b) of the Trademarks Act 1999.
    • Form TM-48 not filed

      • The form TM-48 is filed in case the trademark application has been filed by the Trademark agent/attorney on the behalf of the applicant. In case the same form has not been attached along with the application, or if it is filed incorrectly, the examiner could raise an objection.
    • Incorrect Trademark Form or Class

      • If the trademark application has not been filed through an appropriate form, the examiner of the trademarks could raise an objection against the trademark application.
      • Listing the correct class is also important while filing the trademark application. If the applicant has chosen the incorrect trademark class, then the examiner of the trademark holds the authority to raise an objection against the trademark application.
    • Deception in Trademark :

      • In case the examiner finds the trademark application is deceiving in nature with regards to the general public or it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, or it contains scandalous or obscene matter, the examiner can raise an trademark objection.
      • The trademark which consist exclusively of marks or indications which have become customary in the current language or in the bonafide and established practices of the trade may be objected as well.
    • Unattached User Affidavit

      • The applicant is required to attach a user affidavit along with the trademark application if there has been a claim of usage prior to the date of the application.
      • If the examiner finds user affidavit missing, he is authorized to put the trademark under the status of “Objected”.

    Significance of Filing Trademark Objection Reply

    • To prevent Trademark from being rejected or abandoned

      When the Examiner raises objection on the Trademark, the applicant has to submit his reply within 30 days of time. If the applicant does not respond to the objections within the prescribed time, the trademark application can be rejected or abandoned by the Examiner/Registrar.

    • Opportunity to show that trademark qualifies for grounds of registration

      In a trademark objection reply, the applicant gets an opportunity to state the detailed reasons as to why the mark should be registered and why the objection remarks should be waived off along with the relevant case laws, supporting documents, and evidence.

    • To rectify the defects or errors in the application

      In case there has been an error or mistake in filing a trademark application, the applicant gets a chance to remove the error and defects in the trademark application and proceed towards registration.

    What Is Included In Our Online Trademark Objection Reply package?

    • Consultation and Advisory on the Objection remarks

    • Preparation of Reply to Objection Report by our Expert Team

    • Filing of Trademark Objection Reply with Trademark Registry

    • Timely updating the status of Trademark

    Process of Online Trademark Objection Reply

    • A preliminary study of the Trademark and Objection raised

      In the first step, we shall go through the applied trademark and the examination report to understand the objection raised by the examiner.

    • Submission of Documents

      The applicant shall have to submit the proof of usage of trademark, goodwill earned, or other documents as required, if any, which shall be used in the preparation of a reply.

    • Preparation of reply by our Expert Team

      Our team will prepare the reply to the trademark objection keeping in the points objections raised by the examiner and shall make all the relevant submissions.

    • Draft Trademark Objection Reply for Approval

      Once the Trademark Objection reply is finalized by our team, it shall be sent to the client for his approval and observation. If approval is granted towards the Draft reply we shall proceed towards filing the same.

    • Filing of Trademark Objection Reply

      The reply shall be filed with the Registrar of Trademarks through online mode and after which he shall consider the same. If the Registrar is satisfied by the reply then he shall publish the trademark in the journal and proceed towards registration or in case if he’s not satisfied with the reply he shall schedule a hearing for further submissions.

    Documents Required in Online Trademark Objection Reply

    • Trademark name and application number

    • Examination Report issued by Trademark Examiner

    • PAN Card of Applicant

    • Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License

    • Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others

    • Power of Attorney/Authorization letter

    • Affidavit of usage (wherever applicable)

    • Any kind of goodwill earned through the usage of trademark (if any)

    FAQ

    Do I need to be physically present during this process?2021-09-04T19:23:50+05:30

    No, trademark objection reply is filed electronically through the online portal. All the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents & forms.

    How much time is needed to prepare a reply to the trademark objection?2021-09-04T19:23:03+05:30

    On an average, it takes 7-10 days to file a trademark objection reply.

    How long does it take for a trademark to be registered after filing a reply to trademark objection?2021-09-04T19:22:41+05:30

    Once the reply to trademark objection is filed, if the Registrar of Trademarks is satisfied with the reply, it will then be published in the journal and then proceed towards registration. This generally takes about 10 to 12 months of time, the processing time at Trademark Office generally depends on many factors. If the Registrar of Trademarks is not satisfied with the submission of the reply, then it may take a much longer time.

    What if Registrar is not satisfied with the Trademark Objection reply?2021-09-04T19:22:19+05:30

    If the Registrar of Trademark is not satisfied by reply to Trademark Objection, then he shall call the applicant for the hearing and shall give an opportunity to provide written or oral submissions at a specified date.

    Is there any government fees to be paid for filing a reply to Trademark Objection?2021-09-04T19:20:47+05:30

    No, there is no government fees for filing a reply to Trademark Objection

    Can I get any extension for filing the reply to Trademark Objection?2021-09-04T19:20:19+05:30

    Yes, you can file for an extension of time for filing a reply to the trademark objection if you’re unable to file within 1 month of receipt of the examination report.

    Can the Registrar of Trademark put any conditions, amendments, modifications, or limitations before accepting a trademark?2021-09-04T19:17:49+05:30

    Yes, a Registrar of Trademark may accept a Trademark Objection Reply, subject to such conditions, amendments, modifications, or limitations as he may think fit to impose.

    Can any correction be made once the trademark application has been made?2021-09-04T19:17:18+05:30

    Yes, an applicant may before the registration of the trademark can apply in Form TM-M accompanied by the prescribed fee for the correction or any amendment in his trademark application but the basic principle is that the trademark applied for should not be substantially altered affecting its identity or substitute a new specification of goods or services. Subject to these guidelines, minor changes are permissible.

    I have got Objection under Section 9(1)(a) of the Trademark Act, what is it mean?2021-09-04T19:14:12+05:30

    Section 9(1)(a) of the Trademark Act is an absolute ground for refusal of registration, it prohibits the registration of those trademarks which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person.

    I have got Objection under Section 9(1)(b) of the Trademark Act, what is it mean?2021-09-04T19:13:34+05:30

    Section 9(1)(b) of the Trademark Act prohibits the registration of a mark which generally consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin, or the time of production of the goods or rendering of the service or other characteristics of the goods or service.

    I have got Objection under Section 11 of the Trademark Act, what is it mean?2021-09-03T19:23:21+05:30

    Section 11 of the Trademark Act is a relative ground for refusal of registration, it prohibits the registration of a trademark –

    • If the mark due to its identity and similarity causes a likelihood of confusion on part of the public, which includes the likelihood of association with the earlier trademark.
    • If the mark is identical or similar to a well-known trademark in India and use of the later mark without due cause would take unfair advantage of or may be detrimental to the distinctive character or repute of the well-known trademark
    • If the trademark due to its use in India is liable to be prevented by the law of passing off protecting an unregistered trademark used in the course of trade or by virtue of the law of copyrights.

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