Trademark Objection Reply

Description

 Majorly objection raised by the department on the following grounds:-

The trademark application we need to file in form TM-A. After filing an application the trademark department either accept the application or give objection. The trademark department raise objection on the trademark mark application majorly under the following Sections:-

1. The Objection under section 9(1) (a) of the Trade Marks Act, 1999 that the mark is non-distinctive and as such it is not capable of distinguishing the goods or services of one person from those of others.

2. The Objection under section 9(1) (b) of the Trade Marks Act, 1999 that as the mark consists exclusively of words or indications which may serve in trade to designate the intended purpose of the service or other characteristics of the service.

3. The objection under S 11 (1) of the Trade Marks Act, 1999, as the mark is identical with or similar to earlier marks in respect of identical or similar description of goods and because of such identity or similarity there exists a likelyhood of confusion on the part of the public.

How the department send objection:-

1. The department will send examination report which shall contains the objection via email. We will receive a mail from department on our registered email id.
2. We can also download the examination report from the ipindia website.

What to do after receipt of objection:-

1. We have to file reply of examination report within 30 days from the date of receipt of examination report.

2. In the reply we need to mention the ground how our brand name is unique, different from other similar registered names and why the department should allow our name to be registered.

3. We also have to attach proof of using the brand name for example:- copy of Invoices, GST registration certificate

 We are Registered Trademark Agent with license for following services:

• Trademark Application
• Reply to Examination Report or objection.
• Correction of any clerical error or any other kind of error or mistake done in trademark application.
• Attending hearing or represent at Trademark Government department.
• Filing of counter-reply for objection raised by the third party.