A part of trademark registration process, file a reply to examination report to go a step ahead
What is Trademark Objection?
Trademark objection or Examination is one of the stages through which the Application must need to pass. When the status is “Marked for Exam”, it suggest that it is under the examination stage. And when the status is “Objected”, it suggests that the Trademark objection is raised by the examiner.
The Objection is raised by the assigned examiner based on the relevant grounds if any, so it is not necessary that every trademark will have to face the objection. If the Examiner passes the Application directly without any objection then it will directly get publish in the journal.
If the Objection is raised in the Examination Report, the reply of the same need to be filed in 30 days from the date of receipt. If the reply is not filed within the time limit then the Application will not be proceeded further and may also get abandoned.
Reasons for getting Trademark objection
- Similar or Identical Brand Name
- Not capable of distinguishing the goods or services
- Devoid of Distinctive nature
- Trademarks that may create a likelihood of confusion
- It comprises or contains scandalous or obscene matter.
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Simple solutions for Trademark Objection
Process of filing the reply to the Examination Reply
- Checking the grounds under which objection is raised
- Drafting of the reply accordingly
- Filing the same with Registry
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The status of the Application can always be checked by the Applicant online, whenever the objection is raised by the Registry the status of the Application changes to “Awaiting reply to Examination Report”.
It is upto the applicant whether he wants to proceed or not, so if you don’t want to proceed then your application will get abandoned.
Yes, you can continue to use “TM” as an objection is not rejection, and objected trademark is one of the stages of the process to get the registration.
The reply is always processed on a FIFO basis; hence the specific time limit is not there, but normally within 6-8 months.
The reply to the objected Trademark needs to be filed within 30 days of the receipt of the Examination report.
Once the reply is filed within the time limit, there can be two outcomes of the same, either the examiner will accept the reply and the brand name will be processed further or the Applicant can be called for hearing for further clarifications.
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