Reply to a Trademark Objection

21 Aug 2018  Read 2025 Views

After an application for trademark registration is made, it is examined by the trademark examiners. The examiners analyze all the aspect of the trademark application and thus makes sure that the application and the trademark aspired is up to the requirements and within the legal aspects, If the examiner found some issues in the application, they put these objections in the form of trademark examination report, which is uploaded in the official website of the trademark office.

What to do if the Trademark Application in objected?

If the trademark application is objected, it is needed that it should be replied in precise and prescribed manner within time; the reply will be termed as Trademark Objection Reply.

Advantages of Filing the Trademark Objection Reply

Filing the Trademark Objection Reply will open the scope that this time the examiner will register the trademark, as if the reply is made precisely and in accordance with the required manner, the trademark will be registered and thus the proprietor can enjoy the rights and can rise in the market as trademark enables the proprietor to stand in the market and helps in getting distinguished image among the competitors.

If the trademark objection reply is not filed within the time then the examiner will lapse the application and will not register the trademark. As Trademark is the unique and remarkable feature of one’s brand, so it is required to be registered.

 The Trademark-

  • Advertises the goods and services
  • Creates a distinct image in the eyes of customers
  • Guarantees the unchanged quality.

Minimum requirement for filing Trademark Objection Reply

Documents-

Trademark receipt-

  • Copy of Trademark receipt including details of registered trademark.

Cost and government fee-

  • No Government fee is required for filing the trademark objection reply.

Process and the steps involved:-

  1. Trademark Objection Checking Procedure
  • Surf the official site of IpIndia.
  • Click on the Trademark Tab.
  • Click on the Trademark status.
  • Mention the Trademark application number.
  • Once it is done, the status will be shown in the website, and the status if appears objected that thus means that the examiner has raised a query or objection.
  1. Reply Filing

Reply is filed, in analytical manner, describing all the flaws and issues objected in the trademark objection report; the reply is drafted in such a manner that the examiner does not put forth any further objections.

  1. Prescribed form to file the objection reply

       Under New Trademark Rules, 2017 E-form for filing examination reply is MIS-R.

Deadline to reply the Objection

The Deadline to file the Trademark Objection reply is thirty days of the date of issuance of the report to the applicant or thirty days of viewing the objection status online.

About the Author: Akshay Mankar | 34 Post(s)

Akshay is a Language Enthusiast & an HNLU alumnus. He believes in simplicity & takes legal literacy very close to his heart.

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