WHY DO YOU NEED AN ATTORNEY/ADVOCATE TO FILE A REPLY?
A Trademark attorney assists a trademark holder or a potential trademark holder in every way possible by guidance and legal support. He also makes sure that the trademark he is applying for does not infringe with any other trademark holder. There are numerous reasons why a trademark applicant should consider engaging a trademark attorney to assist in the trademark prosecution. In fact, it is prudent to start working with trademark counsel in advance of the application filing to ensure the proper due diligence is conducted via a trademark clearance search.
HOW DOES TRADEMARK OBJECTION WORK?
During the trademark registration process, the Trademark Registrar raises objections on
the intended trademark if it violates any of the rules and laws of Trademark.
HOW ARE WE DIFFERENT FROM OTHER?
We are not any call centre agents who are offering pathetic services at markets by outsourcing the work to others with whom one may not get a Chance to interact with!. We take pride in the services delivered by us and guarantee your satisfaction with our services and support. We offer One to One service until the Registration is completed. Our agents/Lawyers are approachable on day to day basis and are just a Phone Call Away!. Direct Interaction- Video Conferencing Request With Our Specialized Legal Team For Applying Of Trademark, Copyright And Design Registration Can Be Made Now Via Zoom Call/ Webex / Microsoft Or Conference Call/Whatsapp Call .
WHAT IS EXAMINATION REPORT IN TRADEMARK?
The trade mark status in the Indian Trade Mark Registry website shows as “Exam Report Issued” when the trademark application has been accepted for publication and is due for publication in the Trade Marks Journal. The Examiner will look at the mark and examine to whether the mark meets the requirements of a registrable trade mark. If there are no objections, then the mark shall be ordered to be advertised before acceptance (ABA) or accepted and advertised (AAA).
WHAT IS AN OBJECTION REPLY, AND WHY IS IT IMPORTANT?
When the registrar believes the application is liable for objection. Upon receiving the examination report, the trademark agent will be informed of the reason for the objection. The applicant has 30 days to reply to the same.
HOW DO I SUBMIT A REPLY TO THE EXAM REPORT OF TRADEMARK?
The response can be submitted by sending a scanned copy (colour pdf file format) of the reply to examination report to parm.tmr@nic.in or could be uploaded online through the trademark office website or could also be submitted by person or post.
TIMELINES FOR FILING REPLY TO EXAMINATION REPORT
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1. Trademark Objection Report: Objected is the application’s status when the registrar believes the application is liable for objection. Upon receiving the examination report, the trademark advocate will be informed of the reason for the objection. The applicant has 30 days to file reply to the same.
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2. Analyse the examination report: The first step is to examine the examination report and determine the reason for the objection.
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3. Draft reply to Objection: The next step is to prepare an objection reply, including proper response to the objection raised, supporting law and judgments, and other supporting documents and evidence that validates the response.
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4. Timelines for reply: The reply to the objection must be filed with supporting documents within 30 days of receiving the examination report.
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5. Reply is Accepted: If the response is accepted, the application will be processed further for registration and publication in the trademark journal.
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6. Reply is kept Pending: The trademark agent will be notified when the matter is scheduled for a hearing if the registry does not accept it.
HOW TO FILE A TRADEMARK OBJECTION REPLY IN INDIA?
Trademark objection reply should be filed within 30 Days of Service of the Examination Report from the Registrar otherwise the application with be Deemed to be abondend for lack of prosecution.
The process of filing the trademark objection reply in India is as follows:
#Study of the Objections Ground In the Examination Report: The primary step is to understand the grounds of the trademark objection properly because mistake in understanding the objection concept may lead to wrong filing of trademark objection reply. Hence, be cautious in understanding.
#Prepare the Trademark Reply to the Objections: The second step is to finalize the prepared draft reply with the applicant.
Drafting the trademark reply requires the special skill and hence should be given to the respective expert like lawyers, attorneys etc.
HOW TO VIEW TRADEMARK EXAMINATION REPORT
Step 1: https://ipindiaonline.gov.in/eregister/eregister.aspx
Step 2: On the left side of the page, the first option that reads ‘Trade Mark Application/Registered Mark’ is to be selected. Once it is selected, two options appear. National IRDI Number is to be clicked on.
Step 3: Next, the trademark application number has to be entered. Additionally, the captcha code also needs to be entered correctly. Once the details are entered, click on ‘View
Step 4: Once the ‘View’ button is clicked, the website will display the status of your application.
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Trademark Application Process
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