Online Trademark Objection Reply

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.