Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and issue an Examination Report. Among the outcomes, the Trademark Examination Report could allow for the trademark application to be advertised before registration or the Trademark Examiner could raise an objection for registration of the mark.

In cases wherein the Trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any. 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.

Purminder Kaur & Associates is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. Purminder Kaur & Associates can help you respond to the objection raised by a Trade Mark examiner. The average time taken to draft and file a trademark objection reply is about 5 – 10 working days, subject to government processing time and client document submission. Get a free consultation on replying to a trademark objection by scheduling an appointment with an Purminder Kaur & Associates Advisor.

Important Aspects of Replying to Trademark Objection

Respond Professionally

It’s important that a professional response be drafted as a reply to the objection raised by a Trademark Examiner. An experienced professional can significantly improve chances of successful trademark registration by filing a professional response, addressing all the concers cited in the Trademark Examination report.

Process

Filing a response to the objections raised by a Trademark Examiner in the Trademark Examination report does not guarantee registration of the trademark. Trademark registration is a process and registration is provided only by the Trademark Registrar – based on the facts of each case. Hence, our professionals can only make best efforts for registration based on expertise.

Trademark Journal

Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the reply to the objection sufficiently addresses all concerns cited in the Trademark Examination report, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.

Timeline

Post filing of a trademark application, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark registration sometimes requires various time-bound response or action from the applicant. Hence, it’s important to continually check the status of the application and take required action until registration.

Trademark Objection

The Trade Mark Registrar raises an objection for registration of a Trademark; the applicant has an opportunity to submit a written reply for the objection raised within the stipulated period of 30 days from the date of the receipt of the Examination Report. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favour of the applicant along with supporting evidence, if any.

How we help with replying to trademark objection

Consultation

An Purminder Kaur & Associates Trademark Expert would determine the reason for objection and determine a course of action to address the concerns of the Trademark Examiner – cited in the Trademark Examination report.

Reply Drafting

Based on the discussion and course of action decided, a reply letter is drafted by an Purminder Kaur & Associates Trademark Expert.

Reply Filing

On obtaining the consent of the applicant, the Trademark Reply is filed with the Trademark Registry and the processing of the application is tracked.