Does your Trademark Application Status say, as 'Objected'? Our Experts will help you file the Trademark Objection Reply in just 4 Days!

Intro

₹ 3199/-

All-inclusive Price*
for Trademarks filed by filingbee

Expert Consultation on Examination Report
Discussion on Objections raised by ™ Registry
Drafting & Filing of Response to the Report
Call, Chat(WA),& Email Support
Frequent Updates through your filingbee account

Select Plan

Base

₹ 5299/-

All-inclusive Price*
for Trademarks filed by others

Expert Consultation on Examination Report
Discussion on Objections raised by ™ Registry
Drafting & Filing of Response to the Report
Call, Chat(WA),& Email Support
Frequent Updates through your filingbee account

Select Plan

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*Plan Includes reply to examination report only, and further stages will be informed and charged as per.

As per the following timeline,
your selected plan will be processed

Day 1-2

Collect

We collect necessary information & document to file Trademark objection Reply

Day 3-4

Draft

We draft everything needed in the preparation of the application.

Day 5-6

Process

We proceed to submit the Trademark objection reply online

Finally

We will keep you updated on the status.

Trademark Objection Reply:
What is Trademark Examination Report?

The Trademark Registry may object to registering a trademark application if the mark lacks distinctiveness and does not meet the criteria outlined in the act. Also, when there is already a similar trademark registration, it issues an examination report. The applicant must reply to the examination report within one month by responding to the objections raised in the report, or else it will be deemed abandoned. The trademark objection reply can be filed online, but care must be taken when responding to the objections raised by the registrar.

Objections to trademark registration are one of the initial steps in the process. When the trademark registrar objects to a trademark, it does not mean that it will straightaway deny your application; instead, the registrar will seek to determine whether there is a valid reason for the objection. The applicant is has to explain how the Trademark meets the criteria for valid registration. Based on the applicant's response, the objection is considered, and if it can be waived off, the trademark application is accepted for registration. And gets published by the journal.

What is the need for Trademark Objection Reply?

Avoid Abandonment

Sometimes, trademark examiners cannot recognize your Trademark's distinctiveness, which results in objections. It allows explaining with your reply why the mark is different and gain trademark protection.

Brand Protection

Registration of a trademark establishes the brand's identity and differentiates it from other products or services on the market. Trademark protection is very important if a company wants to retain its distinctive identity.

Utilize the opportunity

The registry will request replies from applicants on the mark for clarifications to be made. If they are satisfied, the chances of getting your mark registered are good.

Legitimate Claim

In response to the objection, you will have the opportunity to state your claim on the mark.

What are the Grounds of Trademark Objection

Descriptive Marks

A word (or words) describing nothing more than the ingredients, quality, characteristics, functions, features, purposes, or uses of something. A descriptive mark for ice cream might be COLD AND CREAMY. Marks like these are not generally protected as trademarks. Similarly, laudatory terms such as "the best" cannot be registered.

Incorrect trademark form

The examiner may object to a trademark application that has not been made on the proper form.

False or vague specification of goods

If the description of the goods or services turns out to be too vague or includes a wide variety of products and services

Existence of a similar trademark

If there are trademarks with similar or the same descriptions of goods or services owned by different trademark owners, there may be a basis for the objection.

List of Documents Required for
Trademark Objection Reply

Documents from Registry
Examination report
Trademark hearing notice

Trademark Documents
Authorization letter /Power of Attorney to file the objection
Affidavit on the usage of the mark
Documentary proof of Trademark in commercial use.

NOTE:

*On the scheduled date, duly appointed applicant or attorney must appear before the authorities

**We will collect additional documents based on the information you provided to the filingbee.

Here Are Some Frequently Asked Questions

The examiner may object to the registration of your Trademark on several grounds. The response must be submitted to the Trade Mark Registry as soon as possible to overcome the objection.

Within 30 days of receiving the examination report, you must submit a response.

Step 1: Application for Trademark
Step 2: Examination Report
The Trade Marks Office examines a trademark application two to four months following the application filing. If no objections are raised, the mark shall be allowed to be advertised directly.
Step 3: Response to Examination Report
Upon receipt of an examination report, an applicant is required to file a response within one (1) month from the date of receipt of the examination report, failing which the application is deemed abandoned. When a reply is filed and approved by the Trademarks Office, the application is published in the Trademarks Journal. If the examiner has further objections, the applicant would have a show cause hearing.
Step 4: Advertisement
Once the objection/s to the trademark application is addressed, the trademark application is advertised in the Trademarks Journal.
Step 5: Opposition
As soon as the Trademark is advertised, it is open for opposition for four (4) months. The mark proceeds to registration if no opposition is filed within the stipulated time.

TM objection replies can be filed independently, but it's always recommended to hire an experienced attorney.

Marks or symbols that deceive
Identical trademarks exist
Identification of goods or services by false means
A trademark containing an offensive word
A trademark application with incorrect information
Wrong form filed for the Trademark

The examiners object to registering a trademark by questioning the criteria for registration, whereas opposition by third parties is based on its legitimacy.

Applicant or attorney can appear as outlined in the notice of hearing, online or in person.

The Trademark Registry may object to registering a trademark application if the Trademark lacks distinctiveness and does not meet the criteria outlined in the act. Also, when there is already a similar trademark registration, it issues an examination report.

There is only a professional fee applicable for drafting and filing of a response to the objection.

There is no need to stop using the TM symbol by the applicant. The Registry’s Examination Report does not obligate the applicant to stop using the TM sign beside the Brand Name or Logo.

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Trademark Objection Reply in India