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Once the trademark status is objected in Mumbai, another step to be taken by the applicant is to obtain the examination report and respond to the same, elucidating how the objections are not tenable.
· A response to the objections raised must be filed in writing within one month of the publication of examination report.
· Failure to file a reply to the objections raised may result in cancellation of registration of the trademark.
· So, the answers to the objections raised are to be framed with sufficient and relevant case laws and expertise.
· The process of overcoming objections is quite crucial for registration of a trademark. Hence it is of vital importance that the response to the objections is clear and thus establishing the distinctiveness of the mark, thereby showing that it is fit to be registered.
· A good examination reply negates the chances of hearing and hence helps in accelerating the trademark registration process.
· Responding to an objection for the registration also ensures your brand and image protection in the market facilitating recognition from the customers who have already been used to the brand.
· The primary step involves studying carefully and analyzing the objections raised by the registrar. Any mistake or ambiguity as to understanding the objection raised may lead to the wrong filing of trademark objection reply.
· The second step is to prepare a trademark objection reply. This includes drafting of the reply. The reply must contain :
1. An answer to the objections raised, case laws which are relevant and supporting documents to prove inherent or acquired distinctiveness.
2. Reply to the examination report along with an affidavit of usage and supporting documents could also be filed, which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its protracted usage.
3. It is essential that the response to the objections should be clear and thus establish the distinctiveness of the mark, thereby showing that it is fit to be registered.
4. Drafting of reply needs proper expertise and knowledge so it is advisable to hire an expert attorney for the same.
· Once, the reply is drafted it needs to be filed online on the portal of the trademarks registration site.
· If the Trademark Examineris satisfied that the applicant's reply addresses to all the concerns raised by him/her in the Examination Report, then the application will be allowed to be published in the Trademark Journal, before registration.
A well-drafted reply for trademark objection in Mumbai can be filed through company vakil’s competent professional team at a reasonable cost of Rs 3,500.
All the Documents are required only in scanned form. You can attach the document in the form after payment or email it to us on firstname.lastname@example.org. Feel free to get in touch for any query. Trademark objection reply is a matter of drafting and proving the distinctiveness of the mark that it is fit to be registered.
So, the documents required are minimal which includes a properly drafted objection reply containing: -
· An answer to the trademark status objected in Mumbai.
· Relevant case laws.
· Supporting documents to prove inherent or acquired distinctiveness.
· An affidavit of usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage.
· And a Power of Attorney along with the form to be filed for answering the objections.
A trademark objection means a refusal to a Trademark by Examiner through an issue of an Examination Report for the trademark application.
Trademark objection has to be replied within 30 days from the publication of Examination Report.
Following are the reasons for the same: -
1. The similarity of a Trademark to an existing Trademark.
2. When it’s a deceptive Trademark.
3. Use of offensive words, symbols or images in a Trademark.
4. Goods and Services specifications not defined clearly.
Trademark objection reply is a response by the applicant to the Objections raised by the Examiner in his/her report.
Trademark Objection and Trademark opposition both are different from each other. First is raised by the Examiner of Trademark Registry and the latter israised by a 3rd party (at the time when Trademark is advertised in the Journal).
A trademark Objection reply is filed with the registrar to waive off all the Objections raised by the Examiner, by listing down all the reasons, facts and pieces of evidence against such Trademark Objection.
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