During the trademark registration process, an objection can be raised by the Trademark Examiner. IndiaFilings offers an easy process for responding to trademark objections from Rs.2899/-
From Rs.2899 /- all inclusive fees
EMI: Rs.259 for 12 months*
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.
IndiaFilings 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. IndiaFilings 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 an IndiaFilings Advisor.
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 concers cited in the Trademark Examination report.KNOW MORE
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.
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.
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.
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.
Identity proof like passport, drivers license, aadhaar card, voters id or ration card for the trademark owner or person authorised by the trademark owner for filing the trademark application.In case of legal entity or registered body, then partnership deed or incoporation certificate or registration certificate is required.
If the trademark application is made for a word, logo is not required. In all other cases, logo must be submitted preferably in black and white format. The logo must contain the exact words mentioned in the trademark application.
Form-48 authorises an Attorney to file a trademark application on your behalf with the Trademark Registrar. In case a claim for previous use is made on the trademark application, then trademark user affidavit must be submitted.
Drafting and filing of reply for objection raised by Trademark Examiner. Exclusive for trademark applications filed by IndiaFilings. Inclusive of government fee and GST.
From Rs.2899 /- all inclusive fees
EMI: Rs.259 for 12 months*
Drafting and filing of reply for objection raised by Trademark Examiner with fresh Form-48. For trademark applications filed by third-parties. Inclusive of government fee and GST.
From Rs.4899 /- all inclusive fees
EMI: Rs.437 for 12 months*
Drafting and filing of reply for objection raised by Trademark Examiner along with trademark rectification. Inclusive of government fee and GST.
From Rs.5899 /- all inclusive fees
EMI: Rs.527 for 12 months*
IndiaFilings.com can help you file a reply to a trademark objection in 5 to 10 working days, subject to government and client processing time.
Got questions? Request a call from an IndiaFilings Business Advisor.Let's talk!
An IndiaFilings Trademark Expert would determine the reason for objection and determine a course of action to address the concerns of the Trademark Examiner - cited in the Trademark Examination report.
Based on the discussion and course of action decided, a reply letter is drafted by an IndiaFilings Trademark Expert.
On obtaining the consent of the applicant, the Trademark Reply is filed with the Trademark Registry and the processing of the application is tracked.
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