Easily File Trademark Objection Reply

Trademark registration makes you stand out of the crowd and establish a unique identity of your products and entity. During the Trademark Registration process, an objection can be raised by the Trademark Examiner. Afleo offers services to easily file Trademark Objection Reply.

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Trademark Objection

While registering a Trademark one has to go through various stages to get it registered. Once the application is filed for registration, it is then examined by the examiner/registrar of trademark and if there is any mistake or any query, the examiner objects the application. All the objections by the examiner along with relevant trademark provisions are stated in Trademark Examination Report. When trademark status objected, you need to file a reply to the objection so as to clear examiner’s objections and get your trademark registered.

The reply to the Trademark objection should contain a report stating the reasons, facts, precedents and supporting evidences as to why the mark should be registered in favor of the applicant. The reply should be sent within one month from the date of receipt of objection. If the Trademark Examiner finds the reply sufficient he then allows application to move to the next stage i.e., publication in a journal.

At Afleo, our Business Consultants will solve all your queries regarding trademark objection, which will help you to have a proper understanding about the same. With us, you can easily reply for trademark objection. Our team puts the consumer first, and works meticulously to ensure that documents are filled correctly and swiftly. Afleo is leading service provider for Trademark Objection in Mumbai, Delhi, Chennai, Hyderabad, Banglore and across India.

Features of Objection of Trademark

Objection grounds

The examiner checks to find if there is any identical or similar trademark in the same class in which the mark has been applied for and checks if the trademark is distinct, it does not describe the goods or it doesn’t indicate the goods, and that it is not common to the trade.

Protection

Trademark helps you safeguard the brand value and helps you earn profits. By filing trademark objection reply against examination report of the examiner, you can save your trademark registration process from being affected.

Clearance

By filing an examination report reply, the registration application gets clearance and is moved to the next stage (if the reply is accepted by the examiner).

Documents for Trademark Objection

Supporting proof of ownership of trademark

Examination Report sent by examiner of Trademark

Power of Attorney and affidavit of usage of trademarked product, only in case of prior use

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Process for Trademark Objection

Obtaining Information/ Documents

In this stage all your doubts regarding Trademark Objection will be cleared by us. Then we will collect all the necessary information and documents required for drafting an appropriate reply to the objection.

Drafting of Application

We will draft your reply within 3-4 working days based on given documents and information and send it to you for confirmation. Once it is approved by you, we will go ahead with final submission of the reply.

Filing of Trademark Objection

Once the reply gets approved, we will send it to the appropriate Trademark registry and will track the process of application and will inform you about the same.

How we help with Trademark Objection?

Afleo.com can easily file reply for Trademark Objection within 2-3 working days

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Frequently Asked Questions

• Improper filing of the form
• The trademark is alike or identical to an earlier or existing registered trademark.
• The mark is devoid of distinctive character.
• The mark is descriptive or expressive in nature.
• Application for the trademark is made for fraudulent purpose.
• The mark is regular in the current language or in the established practices of business.
• The trademark is likely to mislead the public or cause confusion.
• The mark is contrary to the law or is prevented by law.
• The trademark is prohibited pursuant to the Emblem and Names Act, 1950.
• The mark contains matters that might hurt the religious feelings of people.
• As per section 11 of the Trade Marks Act 1999

An trademark Examination report is issued by the examiner/registrar in case the Registry has some objection/s to the registration of the trademark application.

The examination report can be found on IP India website, viz. www.ipindia.nic.in

If registration of a trade mark is objected by the examiner in the examination report, the applicant must respond to it with a reply which must include:
• A counter to the objections arose.
• Applicable precedents of the trademark office
• Supporting documents to prove distinctiveness. An affidavit of Usage along with relevant documents, only in case of prior use.

The reply of Objection is generally filed with the respective trademark registry.

There is no specific trademark objection reply format, it varies from case to case.

Filing a reply to the objection against any trademark should be done within the period of one month after the receipt of the examination report from the examiner.

If a reply to the objection is not filed within the stipulated period, the trademark application is abandoned by the registry.

The most important difference between trademark objection & trademark opposition is that the objection arises at the beginning stage that is at the time of filing of a trademark application by the examiner or by Trademark registry while the trademark opposition is filed by any person at a later stage when the trademark is advertised in trademark journal.

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