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How to respond to a trademark objection?

Understanding the Objection Notice

  • The objection is raised by the Registrar in the form of an Examination Report.
  • It outlines the legal or procedural reasons why the application is not accepted as-is.
  • The notice includes the applicable sections of the Trade Marks Act, 1999.
  • It provides a one-month deadline from the date of issuance to respond.

Preparing a Trademark Objection Reply

  • The reply should address each objection raised in the Examination Report.
  • It must be drafted clearly and legally, citing relevant case law or precedents where appropriate.
  • Supporting documents may include proof of prior use, distinctiveness, or market reputation.
  • A well-reasoned explanation can improve the chances of acceptance.

Filing the Reply

  • The reply is submitted online through the official Trade Marks Registry portal.
  • The form used for reply submission is typically Form TM-M (for miscellaneous applications).
  • All attachments should be properly formatted and signed with a digital signature.
  • A confirmation receipt is generated after successful submission.

Possible Outcomes After Reply

  • If the Registrar is satisfied, the application status changes to Accepted & Advertised.
  • If not satisfied, the Registrar may issue further objections or schedule a Show Cause Hearing.
  • Failure to respond or inadequate justification may lead to Refusal of the trademark.
  • In case of a hearing, oral arguments and additional documents may be presented.

Tips for Effective Response

  • Engage a qualified trademark attorney or agent for drafting the reply.
  • Avoid generic justifications; focus on legal grounds and evidence of use or uniqueness.
  • Make sure to track the deadline carefully and respond within time to avoid abandonment.
  • Review past cases with similar objections for better understanding and strategy.

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