Introduction

The Brand is the heart and soul for any business. And Brand awareness is the most crucial task for any business. Brand awareness and brand popularity brings along the responsibility to protect the brand you have established and here comes the role of intellectual property rights i.e. trademarks, copy rights etc. To protect your brand from duplication and misuse first and for most thing is to establish yourself as the owner of the brand. How can you protect and claim your brand without having any sufficient evidence of you being the owner of the brand??? The solution of this is TRADEMARK. On registering your brand with intellectual property rights authority i.e. trademarks registry you become the absolute owner of that brand.

Now, once you decide your brand and want to register it with trademark registry, the next question arises is How to register trademark? Or what is the process of registering trademark? You can visit our site https://onlinechartered.com/trademark-registration to view the detailed process of trademark registration. Here in this blog we will focus on the Trademark objection, trademark objection reply and trademark objection process.

What is Trademark Objection?

After filing of trademark application, the registrar of trademark will verify the whole application and either accept the application or raise an objection by issuing examination report. If the trademark application is complete in all respects, then registrar will accept the trademark and send it for publication in trademark journal. As opposed to this, if the registrar of trademarks feels that there are some discrepancy in the application or if any similar trademarks exists then he can raise the objection and ask for clarification from applicant. Trademark objection is the stage where if the registrar of trademark have some doubts and wants the clarification from the applicant he can raise the query. The examination report contains the query on which the registrar of trademark wants clarification. The applicant is required to submit the reply to the examination report within the prescribed time period.

Now let us see what are the reasons on the basis of which registrar can raise an examination report?

1. If there is any mistake or incorrect information provided in the application
2. If the classification of goods or services does not match with the class under which trademark has been applied
3. If the trademark is descriptive or non-distinctive in nature
4. If similar trademarks already exists.
5. If the trademark is too general and lack the uniqueness
6. If the application of trademark has violated any provision of trademarks’ act
7. Or if any other matter on which the registrar thinks it necessary to ask for clarification

What to do on Receiving Trademark Objection or Examination Report?

On receiving examination report or trademark objection, study the whole examination report and list out the objections on which clarification is asked for.

Make sure that you file the reply to examination report within 30 days from receiving it. You must provide reply to each and every objection raised and also attach any evidences in support of your clarification. To file the reply to the examination report you must have thorough knowledge of provisions of trademarks’ act. Therefore, it is always advisable to consult your trademark agent and let them prepare the reply to examination report for you.

What Happens After Filing of Reply to Examination Report?

The registrar of trademark will verify the reply filed by you and check whether all the questions raised have been properly answered. If the registrar of trademark is satisfied with the reply given then he will send the trademark for publication in trademark journal. As opposed to this, if the registrar of trademark is not satisfied with reply given and still need more clarification on the subject matter then he may assign personal hearing at the office of registrar of trademark. The trademark hearing takes place at your jurisdictional trademark office. For example, If have filed your trademark application in the state of Gujarat, then your personal hearing takes place at the Trademark registry office located in Ahmedabad.

Conclusion

The process of trademark objection and reply to trademark objection is quite simple and complete online process. All you have to keep in mind is the time limit within which the reply to examination report is to be submitted and also you must be clear with the provisions of trademarks act if the objection report contains technical matters.

To know more about trademark objection you may visit our website https://onlinechartered.com/trademark-objection.