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How can we file Trademark (TM) Objection Reply

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How can we file Trademark (TM) Objection Reply

INTRODUCTION

Trademarks are designed to protect the recognised Intellectual Property for any manufacturer, trader, or service provider. A trademark represents the identity of a product and helps us to distinguish it form the products of that of the other business entities of the market. 

The registration of trademark is governed by the Trademark ACT, 1999 and the rules framed thereunder. Registration of trademark is a process where many stages involves starting from filing an application for registration to the obtaining Trademark registration certificate.

In this write -up we will learn about these stages and more precisely about the trademark objection, examination report and filing reply to the examination report.

TRADEMARK REGISTRATION IN INDIA

Trademark Registration in India is governed by the Trademark Act, 1999 and the trademark Rules framed thereunder subject to statutory modification and notifications.

All the Intellectual Property Rights Registration including trademark registration falls under the ambit of Ministry of electronics and information technology.

Trademark registration is regulated by the registrar of trademark.

STAGES IN TRADEMARK REGISTRATION

The Trademark registration process is consisting of following steps:

  • Search: At this stage the search of the proposed trademark availability is done at the “Public search” on the IP India portal and preparation of “search report” here is the link for the same.
  • Filing: At this stage application for registration of trademark is filed to the registrar in from TM-A
  • Examination: Next step is examination of filed application by the examiner of trademark, it consists of two steps i.e. formality check pass and subsequent examination. After successful acceptance at this stage the application is marked as “accepted”. If there are any objections raised by the examiner, then reply to such objections are to be filed within prescribed time period otherwise registration application will be cancelled.
  • Publication: The accepted mark is sent for publication in the Trademark Journal and is remain open for opposition by any third party upto 120 days from the date of Publication.
  • Oppositions (if any): If any Oppositions are raised, then counter statements and evidence are to be furnish within the stipulated time frame. If required, the registrar of Trademark may call hearing process if further explanation is required to be filed.
  • Registration of Trademark: If no oppositions are raised or decision after hearing and counter statements are in the favour of applicant then registrar will register such mark and issue certificate of registration of Trademark.

FILING REPLY TO OBJECTIONS RAISED IN THE EXAMINATION REPORT BY THE EXAMINER OF TRADEMARK

If any objections are raised by the examiner of Trademark by way of examination report issued by him under his hand, then reply to such examination is required to be filed. The following points are to be kept in mind while filing reply:

  • Although there is no prescribed form for filing reply to examination report, but due care is to be taken while drafting reply. It is to be noted that no ground of objection I left unanswered otherwise it will become ground for refusal of trademark registration.
  • Reply is to be filed within prescribed time period of 30 days from the date of receipt of examination report, but just in case applicant or his attorney fails to file reply within 30 days then he may file application for extension of time period for filing such reply on payment of additional fees.
  • If required try to quote the relevant case laws and sections of the trademark act, 1999 which can support your reply points.
  • Reply should be to the point, brief within bluffing around the matter unnecessary.

FAQs on Trademark Objection 

  1. Who is entitled to raise Objection to trademark application and issue examination report?

Ans. Examiner of Trademarks in entitled to raise objection in the examination report on the basis of examination conducted by him, if he finds any discrepancies in the application for registration of trademark.

  1. What is the meaning of Trademark examination report?

Ans. Trademark examination report is issued by the examiner of Trademark when he founds that there are certain discrepancies in the application filed for registration of trademark, and in that examination report he mentions the grounds for raising objections.

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  1. What is the meaning of Trademark journal?

Ans. It is a kind of official gazette of the trademark department in which notifications related to trademark registration and other aspects related thereto are published, and more precisely the applications which are accepted by the registrar of trademark after due examination is published in the trademark journal and is left open to the general public to raise opposition on it, if any one founds aggrieved by the registration of trademark within the prescribed time period.

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  1. Which form is used to file opposition on the application for registration of trademark?

Ans. Opposition on a trademark registration can be filed in form TM-O along with prescribed fees, it is to be noted here that such opposition is to be filed within the prescribed time period otherwise such opposition will not be entertained by the trademark registrar.

  1. How can we modify the filed application, if there are any errors in it?

Ans. To modify the errors in the registration application, form TM-M is to be filed along with applicable fees.
I hope you liked this write up if you have any questions regarding Trademark Registration in India or regarding filing Objection or Opposition on Trademark then you can connect our team for company registration at compliance calendar LLP at [email protected] or 9988424211.