Trademark Objection Reply in Gujarat
Have you got the Trademark Objection/examination report?
Here’s a solution for your each objection raised.. Hurry Up!!!
Meaning of Trademark objection
If the registrar of trademark is of the opinion that your trademark is not complying with the conditions as mentioned under the trademark’s act and the registrar wants detailed clarification on a particular aspect of application, then he may raise an objection against your trademark application.
The registrar will issue a Trademark Examination Report mentioning the aspect for which he requires more clarification from your side. Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons.
It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its register ability.
What are the specific reasons for trademark examination/objection reports?
The registrar of trademark may raise an objection against your application due to certain specific reasons as mentioned below.
- If the application contains incomplete/wrong information
- If the similar trademarks already exist
- If your trademark is descriptive in nature. That is trademark clearly describes the services which means lack of distinctiveness
The registrar may raise objection on the basis of any other reasons then mentioned above.
What shall one do on receiving TRADEMARK objection/examination report?
On receiving trademark examination report, firstly, one must go through the aspects on which the objection has been raised by examiner. After getting the clear idea about the objection raised, prepare a reply providing a complete and satisfactory clarifications. One should also attach some of the documentary evidences if available in support of the explanation given in reply.
Pro tip: The reply to examination report must be filed within 30 days from the date of its receipt.
What happens if you do not file reply to examination/objection report?
On receiving trademark objection report/examination report, you must file reply giving all the clarification within 30 days from the date of receipt. If you do not file reply within prescribed time limit, the status of your application turns to be “ABANDONED”. which means that now your trademark is open for registration for public at large and you do not have any excusive right on it. you have to apply for it all over again if you wish to continue to register it.
How Onlinechartered can help you file the reply to examination/objection report?
Online chartered is having a penal of trademark experts. We will draft an appropriate reply against examination report.
- Send us trademark application you made and objection notice received. Or you can send only your trademark application number.
- We will study your application and objection notice also.
- We will draft a reply for you giving complete clarification on each and every point for which objection is raised.
- And that’s it… you are done with your objection notice
Get answers to all your queries
Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability.
Reply to trademark examination report needs to be filed within 30 days from the date of receipt of the report.
On a trademark being accepted by trademark registry, it gets advertised for 4 months in a trademark journal.
- Contains incomplete/wrong information
- Similar trademarks already exist
- Trademark is descriptive in nature. That is trademark clearly describes the services which means lack of distinctiveness
On filing of reply to examination report, If examiner is convinced and satisfied with the explanations given through reply, then your trademark can be accepted and advertised in trademark journal. But as opposed to this, if examiner is not satisfied with the explanation given by you, then he/ she allots you a date for personal hearing at his/her office.
NO, Once the status of trademark is abandoned it can not be revived. A fresh application for the trademark is to be made.
