A Trademark objection is a kind of opposition to the trademark registration. After the Registrar of Trademarks examines your trademark registration application, there will be two possible scenarios. He will either accept the application for registration or raise an objection.
In either case, you or your trademark attorney will receive an Examination Report. While in the first case, it will state that your trademark is approved for registration and also state that your trademark will be advertised in the trademark journal. But in the second case, it will state why registration of your trademark is not possible.
PocketLawyer is India's leading platform for Business Registration, Tax Registration and Trademark Registration services. We make the process of filing Trademark Objection reply easy and hassle-free for you. In addition to filing of Trademark Objection reply, PocketLawyer can also help you with Trademark Registration, Patent Registration, Copyright Registration and more.
Meaning of Objection in Examination Report
It is a common myth that once you receive an objection from the trademark office, it means that they have rejected your registration application. But, this is not true. This only means that the Registrar senses some difficulty in the registration of your application on some legal grounds. The easy remedy to this is filing a reply to the objection raised in the examination report.
Reply to Trademark Examination Report
This reply will first state the grounds on which the Registrar has objected your application. Then it will provide a point-by-point reply to every objection. The reply will attempt to convince the Registrar that registration of your application is legally valid. It will also state why the trademark objection is not reasonable.
Filing Reply to Trademark Objection
There are four possible ways to file a reply to trademark objection:
- Mailing a coloured scanned copy in pdf format to the trademark department.
- Posting a printed copy of the reply to the trademark office.
- Submitting the reply through the online portal of trademark registry.
- Visiting the trademark office and submitting an over-the-counter reply.
However, please note that choosing a mode of reply is only a matter of convenience. There is no difference between these four modes of reply whatsoever.
Documents for Filing Trademark Objection Reply
- A copy of the examination report
- Power of Attorney signed by the applicant
- Documentary proof such as affidavit, permission from another trademark holder etc.
Please note that documentary proof (if needed) will vary from one case to another.
Fee for Filing Trademark Objection Reply
The professional fee starts from Rs. 1999.
Timeline for Filing a Reply
The timeline varies from one case to another. This is because it depends on the complexities involved in the case. However, in most cases, we draft and file a reply within 2-3 business days of receiving all details from your end.
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