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Trademark Objection Reply

Introduction

Once a trademark application is filed, the Trade Marks Registrar would process the application and issue an Examination Report. Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability. He gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration. 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.

There are mainly two specific reasons for trademark objection:

  1. Contains incomplete/wrong information: If information relating to the applicant name, principal place or any other information in the trademark application is false then it most likely to raise a trademark objection.

  2. Similar trademarks already exist: The examiner can raise an objection if the trademark application is filed in the incorrect form. In case your trademark application is filed by a trademark attorney or agent then form TM-48 must be filed and attached to the trademark application.

Process to Reply: 

After you receive the report, you will have to provide a detailed description of the reasons within the stipulated period of 30 days from the date of the receipt of the Examination Report justifying, how your mark fulfils all the requirements of being a valid registrable mark. 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.

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