Trademark Objection - Submitting Reply

Trademark registration may be a sort of property protection, under which a word or visual symbol employed by a business to differentiate it goods or services from other similar goods or services originating from other Business Organization. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar within the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the appliance and issue an Examination Report. Among the outcomes, the Trademark Examination Report could leave the trademark application to be advertised before registration or the Trademark Examiner could raise an objection for registration of the mark.

In cases where in the Registrar of Trade Mark raises an objection for registration of a trademark, the applicant has a to submit a written reply for the objection raised within Thirty (30) days. The Trademark Examination reply letter must contain reasons, facts and evidence on why the mark should be registered in favour of the applicant along side supporting evidence if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her within the Examination Report, the appliance would be allowed to be published within the Trademark Journal, before registration.

Trademark Examination Report

Once a trademark registration application is submitted and examined by a Trademark Examiner Officer, a trademark examination report is shipped to the trademark applicant or the person authorized by the trademark applicant. The trademark examination report is additionally put abreast of the trademark office website along side details of the trademark application. The authorized agent or applicant then features a chance to submit a reply to the trademark examination report with a rebuttal, if there's an objection by the trademark examiner. The response is then considered, and if the objections are often waived on the idea of the applicant's response, the trademark application is accepted for registration, and therefore the trademark is published within the trademark journal.

Trademark Examination Report

Once a trademark registration application is submitted and examined by a Trademark Officer, a trademark examination report is shipped to the trademark applicant or the person authorised by the trademark applicant. The trademark examination report is additionally put abreast of the trademark office website along side details of the trademark application. The applicant or the authorised agent then features a chance to submit a reply to the trademark examination report with a rebuttal, if there's an objection by the trademark examiner. The response is then considered, and if the objections are often waived on the idea of the applicant's response, the trademark application is accepted for registration, and therefore the trademark is published within the trademark journal.

How to Reply to Trademark Examination Report

The response to an objection during a trademark examination report are often submitted by the trademark applicant or by an agent authorized by the trademark applicant because the "Reply to Examination Report". The response are often submitted online through the trademark office website or could even be submitted by person or post. Any affidavit and supporting documents should even be submitted along side the Reply to Examination Report.

Objections as to Formality Requirement

In case of objections on formality requirement(s), the trademark applicant should suits the wants as desired by the office. for instance , if the trademark office has involved consent of an individual whose portrait appears on the trademark, the trademark applicant may submit the consent from the person in writing with supporting documents or state that portrait appearing on the trademark isn't of a specific person, but may be a general picture of a person or woman.

Objection as to Wrong Classification of Trademark Class

In case of objection thanks to the products or services mentioned within the application don't fall within the correct trademark class, the trademark applicant may file an invitation for correcting the category or state that as per classification of products or services published by the Registrar, goods or services are rightly classified.

In case of objection to the effect that some goods or services mentioned within the application don't fall within the class, the applicant may file an invitation for amendment of the appliance by deleting items that don't fall within the relevant class. The applicant also can state that as per the classification of products or services published by the Registrar, all items fall within the class mentioned within the application.

It is important to urge proper legal advice on the right classification of products and repair , before submitting a Reply to Examination Report for objection on the incorrect classification of trademark class.

Objection as to Trademark Lacks Distinctiveness

In case of Trademark objections of non-descriptive trademark, the applicant can submit examination report reply to establishing that the trademark applied for registration is capable of distinguishing the applicant's goods or services; or the trademark has acquired a particular character in sight of its extensive use in reference to relevant goods or services, before the date of application. If the applicant’s trademark has acquired distinctiveness by virtue of its use, the applicant should file an affidavit as evidence of the utilization of the trademark along side supporting documents.

Objection as to Identical or Similar Trademark Exists

In case of objections on relative grounds of refusal due to identical or similar trademarks in respect of comparable goods or services, existing on records, the applicant may submit back to examination report that trademarks cited as conflicting marks within the examination report are different than the applicant's trademark, along side supporting evidence. additionally , the applicant also can submit consent or no objection from the proprietor of marks cited as conflicting within the examination report.

Top Cause for Trademark Objection

The following are the top cause for trademark objection:

• Use of Incorrect Trademark Form In case the trademark application isn't made on the right form, an objection as following is raised by the Trademark Examiner.
• "The application is formed on Form TM-A, for certification mark in respect of products or services falling during a class, the shape of the appliance should be corrected as TM-M by filing an invitation on form TM-M."
• Corrective Action: The applicant can overcome this objection by requesting to correct trademark application by filing an invitation on form TM -M.
• Incorrect Trademark Applicant Name The trademark applicant name must be entered properly in an application, as suggested during this article. just in case of incorrect trademark applicant name, the Trademark Examiner would raise an objection as follows:
• "The application appears to possess been filed within the name of a partnership firm, names of all Partners of the firm should be brought on record by filing an invitation form TM-M."
• Corrective Action: The applicant can overcome an objection for incorrect trademark applicant name by requesting to correct trademark application by filing an invitation on form TM -M.
• Failure to File Trademark Form TM-48
• Whenever a trademark application is filed by a Trademark Attorney or Trademark Agent on behalf of the applicant, Trademark Form TM-48 must be attached. just in case of Form TM-48 isn't attached or incorrectly executed, the Trademark Examiner would raise and objection as following:
• "The application has been submitted by an individual aside from the applicant, a duly stamped Power of Attorney in favour of a specific agent should be filed."
• Corrective Action: The applicant can overcome an objection for failure or incorrect Form TM-48 filing by requesting to correct trademark application by filing an invitation on form TM -16.
• Incorrect Address on Trademark Application In case a trademark application has not mentioned the principal place of business of the applicant, or if the applicant's address for service in India isn't mentioned, then an objection are often raised as under:
• "The Principal Place of business of the applicant should be brought on record by filing an invitation on form TM-16" or "The applicant's address for service in India should be brought on record by filing an invitation on form TM-M, since the applicant has no principal place of business in India."
• Corrective Action: The applicant can overcome an objection for incorrect address by requesting to correct trademark application by filing an invitation on form TM -M.
• Vague Specification of products or Services In a trademark application, if the specification of products or services is just too vague or encompasses an outsized sort of goods and services during a class, then an objection are often raised by the Trademark Examiner as follows:
• "The specification of goods/services mentioned in respect of sophistication xx, is extremely vague and wide. you ought to provide exact items in respect of which the trademark is sought to be registered, by filing an invitation on form TM-M." Corrective Action: The applicant can overcome an objection on the specification of products or services by requesting to correct trademark application by filing an invitation on form TM -M.
• Same or Similar Trademark Exists In case, same or similar earlier trademarks of various trademark owner are found on records in respect of an equivalent or similar description of products or services; then an objection is raised as follows:
• "The trademark applied for registration isn't registrable under Section 11(1) of the Trade Marks Act 1999 since identical or similar marks in respect of identical or similar description of products or services are there on records and since of such identity or similarity of marks and goods or services there exists a likelihood of confusion on the a part of the general public."
• Corrective Action: The applicant can submit a reply to the trademark examination report by stating that trademarks cited as conflicting marks within the examination report are different than the applicant's trademark, along side supporting evidence.
• Trademark Lacks Distinctive Character Trademarks which aren't capable of distinguishing the goods/services of 1 person from those of another person are barren of distinctive character and thus responsible for objection under absolute grounds for refusal of trademarks. to beat a trademark objection under absolute grounds for refusal, the trademark applicant can submit proof to point out that the mark has acquired a particular character by virtue of its prior use.