A trademark examiner may notice a mark is similar to any registered trademark or it does not satisfy rules or has been banned by law. This is represented by the term Trademark Objection in India.
This is mandatory to file a trademark objection reply else brand protection will be lost. Filing the trademark objection reply in India includes a process. Let us look at the procedure :
Notice reason of Objection carefully – At first it is important to check the grounds of the trademark objection carefully. If any mistake took place to understand the reason of the objection, it may lead to improper filing of the trademark objection reply. Proper understanding is a must.
Set up the Trademark Reply – Next step is to prepare draft reply with accused party and finalize it. In order to draft the trademark reply, special skill is needed so it is offered to the respective professionals like attorneys, lawyers and others.
Filing Trademark Objection Reply – As soon as trademark reply is finalized, filing of the reply should be done online. Updating Reply file online is done quickly.
If trademark examiner puts objection, it is possible to reply the file within 30 days to prevent the trademark being abandoned or finished. Therefore it is important to track the status of the trademark periodically. It prevents the trademark being cancelled.
Three working days are needed to complete the procedure of filing the trademark objection reply in India.
All the documents are required in scan form. Not any hard copy is required.
Following documents are needed :
A basic form for filing
Power of Attorney
Approximately 3 working days are needed for creating draft reply and 30 to 60 days for getting updated on the database of the trademark.
Case property is studied on the day 1.
At first the facts of the case are studied appropriately
Day 2 and Day 3
In this stage, trademark is created and finalized
Once the facts are studied, draft case is created and finalized correctly.
Day 30 to Day 60
Wait for the government reply
Once trademark reply is filed, the next action depends on response from Government
According to the trademark act, there is a trademark objection. The first one is under section 9 and another one is under section 11. If the application is not filled or made properly, then it may be considered as formality check fail. In this connection, it is important to remember few important things :
Any mark which is identical to another mark shall not satisfy the law and hence the mark shall not be registered.
A mark that describes the quality of a commodity like neat, best, taste and others do not satisfy the rule to obtain trademark.
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