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Reply to Trademark objection

Sometimes, due to various reasons like similarity in the logo or mark, any discrepancy in the use of the mark, the trademarks Registrar can raise objections. Objections are only raised when the application is analysed and researched thoroughly. The points as to why the trademark cannot be registered are set out in the form of objections. A response to the objections raised must be filed in writing within one month of the publication of examination report. This reply is known as trademark examination reply. The objection needs to be considered seriously and a reply must be filed by the owner strictly within the stipulated period. Failure to do so shall result in cancellation of registration of the trademark. Proper clarification via Trademark Objection Reply along with evidence is needed to be provided to the registrar in case of any discrepancies. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

. WHY Reply to Trademark objection .

Protection to your application

By submitting your reply within the prescribed time limit provided by authority protect your TM application from getting abandon.

Brand Protection

If you did not reply to the objection within prescribed period, application get abandon and you may loose your Brand.

Helps to stand in market

By submitting reply to Trademark objection helps you to stand your brand in market due to its unique identity.

  • Free Consultation by Professionals
  • Object Drafting
  • Object Filing
  • Timely Follow ups
  • Government Fees
  • After submitting application, frequently check the status of Trademark.
  • If got objected connect with team Legal Pillers
  • Do not delay in replying, otherwise trademark will get abandon
  • Once TM get abandon you may loose your brand
  • After submission of reply department may ask for physical hearing.
. Work Process .

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order id for tracking purpose
Submit documents
Submit all necessary document and info
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. Frequently Asked Questions .

Ans:

The status is shown to be as “Objected” when the Examiner raises some objections regarding the registrability of the trademark. The examination report citing the objections can be viewed in the Trade Mark Registry website. In order to overcome the objections, a written response needs to be filed with the Trade Mark Registry within one month from the date of receipt of examination report, failing which the trademark application may be treated as abandoned by the Registry. If the Examiner is not convinced with the written response, a hearing is posted for allowing arguments to be put forth in person.

Ans:

The reason for the objection can be many either regarding the documents filed or regarding the fulfilment of criteria mandated by the statue and rules.

Ans:

The status is reflected as “Opposed” when a third party has filed an opposition to the registration of your trademark. The notice of opposition is sent by the Registry to the applicant or its agent. In order to contest the opposition, a counter statement should be filed within 2 months from the date of receipt of notice of opposition, failing which the trademark application will be abandoned and cannot be revived. No extension of time is granted for filing the counter statement.

Ans:

It is one of the initial stages of the trademark registration process where the status in the Trade Mark Registry website is shown as Formalities Chk Fail. This could happen in instances such as non-filing of POA, non-filing of translation/transliteration when the trademark is not in English/Hindi, filing in wrong class, etc. The reason for the Formalities objection should be ascertained and appropriate action should be taken for the application to move forward for registration.