All you need to know about Trademark Objection Reply

Secure your TM with a timely Reply

is just few clicks, it's really simple!

Enquire Now

Advantages of a Private Limited Company

ABOUT

Why Trademark Objection Reply is necessary?

PROCESS FOLLOW

DOCUMENTS REQUIRED

Documents Required

  • PAN Card
  • Address Proof of Applicant
  • Certificate of registration (other than Individual applicant)
  • Trademark registration certificate
  • The application filed with the TM Registry

PRICING

Basic Package

Save upto-10% cost on this package

₹ 2,999

(Inclusive All)

  • TRADEMARK SEARCH
  • TRADEMARK PLANNING
  • ONLINE TRADEMARK FILING UNDER ONE CLASS FOR SOLE PROPRIETOR /STARTUP
BUY NOW

Growth Package

Save upto-20% cost on this package

₹ 6,499

(Inclusive All)

  • TRADEMARK SEARCH
  • TRADEMARK PLANNING
  • ONLINE TRADEMARK FILING UNDER ONE CLASS FOR SOLE PROPRIETOR /STARTUP
  • LOGO DESIGNING
BUY NOW

Premium

Save upto-30% cost on this package

₹ 9,999

(Inclusive All)

  • TRADEMARK SEARCH
  • TRADEMARK PLANNING
  • ONLINE TRADEMARK FILING UNDER ONE CLASS FOR SOLE PROPRIETOR /STARTUP
  • LOGO DESIGNING
  • COPYRIGHT REGISTRATION
BUY NOW

FAQ's

When the examiner proposes some objections about the registration of your trademark it is said to be objected. To overcome the objections, a written response requires to be filed with the Trade Mark Registry. If the examiner is not satisfied with the written response, a hearing is scheduled for acknowledging arguments to be put forth in person.
When the Examination report is assigned by objecting to the registration, a written reply needs to be presented that gives enough justification and clarifications about a trademark’s distinctiveness and registrability. If the registered response persuades the examiner, the mark would be advertised in the journal.
An online trademark renewal application shall be made with the help of a Registered Trademark Attorney in India with the payment of renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of the trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extension period of six months post-expiration is given in case one misses the deadline along with an additional late fee.
The status of the Trademark Application is needed to be tracked from time to time by the petitioner in order to stay updated. When the examination report is allotted, the status of the application is modified to “Objected” with the warning“Awaiting Reply to Examination Report”.
Link for tracking the status: http://ipindiaonline.gov.in/eregister/eregister.aspx
No, the applicant of the trademark does not need to discontinue using the ™ sign. By way of publishing the Examination Report, the Registry does not force to stop the applicant from using the ™ sign by the Brand Name or Logo.
The response to the examination report assigned by the Trademark Registry is needed to be filed in 1 month from the date of dispatch. Nevertheless, the Registry affirms the response even after the said period is passed. One may submit the reply till the status of the application exhibits the warning of “Awaiting Reply to Examination Report” and not “abandoned”.
 
Once the Trademark objection reply is properly filed by the registered attorney, the reply will also be advertised on tracking the application status. Moreover, the warning“Pending for Reply” or “Awaiting Reply to Examination Report” will be extracted from the application status on the TM website. The status would still be “objected” as the processing from the Registry would be pending.
The Trademark Registry usually takes 6 to 8 months to process, check and review the reply filed with the registrar.
The show-cause notice for hearing is declared in very exceptional cases, where the trademark implemented is very similar to any other applicant or examiner is not convinced with the reply registered along with the supporting grounds.
The application, when it is received by the Registry, is published in a journal for a duration of 4 months and is open for the opposition by the Third Party. After the conclusion of 4 months, where no complaint by the third party is received, the Registration Certificate of the trademark is advertised by the Registry.