Intellectual office trademark division is now a day working with immense dedication and issuing numerous examination reports for clearing their objections. Earlier, it was a practice to examine any examination report in regards to any applied trademark was after the expiry of 8-9 months from the date of filing of the trademark application. But now it takes only 4-6 months to issue an examination report.

Here are Quick guide on Trademark Registration Process in India

To stay updated about the status of your trademark application, you must check the status every fortnight.

A trademark before getting registered goes through many stages that check its Registrability. An Examination report is issued in case the Registry has some objection/s with the registration of the application. 

Click here to check Online Status of Trademark 

Some common grounds for objection are:

  • Lack of distinctiveness (Section 9)
  • The similarity with pending or registered marks (Section 11),
  • Usage of geographical names,
  • International proprietary names,
  • Offensive or obscene words as a part of or as a trademark

It is very rare that the trademark will be accepted by the examiner at once. If the objection has been raised, the applicant or his agent must respond to the examination within a month from the date of receiving the examination report. The response should be in the form of Reply with suitable clarifications which should also be in line with various sections and proper format.

To understand how to answer the examination department correctly and to make them satisfied about your clarification it is important to first know what these objections are and what they mean.

The objection is raised under S 11 (1) of the Trade Marks Act, 1999

A trademark shall not be registered if, because of—

(1) its identity with an earlier trade mark and similarity of goods or services covered by the trademark; or

(2) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trademark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.

This is the most common objection which is can be found in most of the trademark examination report. To overcome this objection, it is important to analyze the overall structure of the mark, it can be its visual, pronunciation and sound.

 The objection is raised under S 9(1) (a) of the Trade Marks Act 1999

A trademark shall not be registered if, because of—

(1) Which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(2) Which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service

A trademark shall not be registered if, because of—It contains or comprises of any matter likely to hurt the religious, Susceptibilities 

Important Aspects of Replying to Trademark Objection

  • The answer should be point wise;
  • Relevant case laws or precedents of the trademark office;
  • The response should be drafted professionally as it increases the chances of successful trademark registration.
  • The response should contain reasons, facts, and pieces of evidence as to why the mark should be registered in favor of the applicant along with supporting evidence if any.

If the examiner will not be satisfied with the Answer, the applicant has an opportunity to avail the option of hearing before the trademark registrar where the applicant and his agent can represent their case. If the Registrar consider the mark as a distinctive mark or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark journal.

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Summary
Start-ups Guide to Manage Trademark Objection!
Article Name
Start-ups Guide to Manage Trademark Objection!
Description
It is very rare that the trademark will be accepted by the examiner at once. If the objection has been raised, the applicant or his agent must respond to the examination within a month from the date of receiving the examination report.