How to file a reply to Trademark Objection?
When a trademark application is filed Registrar examine the application and if he is of an opinion that the application is liable for objection He will communicate the same to Trademark agent with the copy of examination report which includes all the details relating to the objection .
Once the trademark is objected status of the application is also changed to OBJECTED and a counter reply need to be filed by the applicant within 30 days of the date of objection. Failure to do so will declare an application abandoned In case of any delay an extension of 30 days is granted for filing reply in Form TM-M with requisite (₹900.00).
Step 1.
✔ Applicant needs to analyze the examination report and determines the reason for which the objection is raised.
Step 2.
✔ Prepare the counter reply By mentioning all the explanations and details to the objection raised with the supporting Case laws along with documents and evidence that validates the response.
✔ Counter reply needs to be filed within 30 days of date of presentation of the examination report along with supporting documents and evidence.
Case I
✔ If Registrar accepts the reply- The application will be processed further for registration process and the same will be advertise in the Trademark Journal.
Case II
✔ If Registrar denies the reply – In this case the application will not be processed and the matter is marked for further hearing and the date for the same will be notified to the Trademark Agent.
Documents Required
1. Power of Attorney
2. Reply to Examination Report
3. Evidence in proof of Trademark which includes invoices, letterheads and communications, visiting cards, screenshots of websites, brochures, financial statements and all other evidences where trademark is being used.
The Registrar gives an opportunity of being heard to the applicant before rejecting any application. A proper counter reply with explanations and details will helps you to get your application approved.
For more information on reply to Trademark Objection Please contact us on Ph:-91-8700410243
