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.
ACC 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. We 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 our professionals.
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 concerns 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
As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the applicant is required to file a counter statement within two months.