Trademark Objection is the second stage of Trademark Registration Process. All the Trademark applications will be examined by the Registrar of Trademarks.
After examination of the application, the registry makes an examination report of application and will decide whether the application can be accepted or not. if accepted, the registry moved forward to advertise the trademark. In case if the examination report contains any observations, the same will be communicated to the applicant/trademark agent for submitting a reply to the examination report.
Trademark examination report shall contain the reason for objection. The applicant is required to file his reply in 30 days from the examination report. Generally, this examination report will be communicated to the trademark agent for action.
Thereafter, the applicant will be directed to file a reply to the objection within 30 days of the examination report. If the reply to the examination report found satisfactory, the Registrar shall proceed to accept the application and will advertise the same on Trademark Journal.
The grounds of refusal of TM application can be divided into two parts:A. Absolute grounds of refusal :
Section 9(1) to (3) of Trade Marks Act, 1999
Section 9(1) prohibits the registration of those trademarks:
In other words, where there is similar trademark exist in the Trademark register the trademark shall not be registered.
The term “earlier trade mark” means a registered trademark or an application which has a date of application earlier than the trademark in question.Timelines for Filing Reply to Examination Report
The reply to Examination Report has to filed within 30 days of the examination report with supporting documents. Also, the reply to the trademark examination report should be drafted with legal expertise referring decided cases on similar matters and judgements by Tribunals / Courts / International references.Extension of Time To File Objection Reply:
In case the reply is not filed within 30 days of the report, the application will be declared as abandoned. The applicant can request the registrar to extend the time limit of 30 days by applying TM-M electronically through the trademark agent with a valid reason for the delay in filing the reply.
If the reply to the examination report is to be filed through a different trademark agent, a fresh Power of Attorney is also required.. Once the filing is done then need to draft objection reply for the same.
Timely filing of reply to trademark objection is a crucial step of Trademark Registration Process. If the reply to examination report is not filed within 30 days of notice / or by the extended time, the Trademark application shall be marked as abandoned by the Trademark Registry.
In case the application has been marked as abandoned, the applicant has to file a fresh application for the Trademark.Get your Company/LLP Up in 7 days
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Applicant has to file reply to the same within 30 days of the objection. In case the reply is not filed within 30 days of report, the application will be declared as abandoned.Extension of Time for Reply beyond 30 days
Applicant can file application for extension of time for filing reply in Form TM-M with requisite (₹900.00).
When the registrar is of the opinion that the application is liable for objection, the status of the application is changed to OBJECTED. A copy of examination report will be communicated to the trademark agent mentioning the reason for the objection and the applicant has to file reply to the same within 30 days of the objection.Analyse the examination report
First step is to analyse the examination report and to determine the reason for the objection raised.Draft reply to Objection
Next step is to prepare an objection reply mentioning proper answer to the objection raised with supporting rule of law and judgments supporting the case, along with other supporting documents and evidence that validates the response.Timelines for reply
The reply to objection has to filed within 30 days of the examination report with supporting documents.If the Reply is accepted:
If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal.If it is not accepted,
If it is not accepted, the registry will mark the matter for hearing and date / time wll be notified to the Trademark Agent.
Applicant gets an opportunity of being heard and it eliminates the chances of Trademark being rejected straightway.A perfect Reply adds chances for Acceptance
If the objection reply is filed perfectly then there are highest chances of getting the trademark registered.