Law gives you an opportunity to answer professionally and reply to the trademark objection raised. You must register your response to this objection in a month from when the Examination Report has been declared online. If you don’t, the Registrar may reject your application.
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Trademark application moves from several stages, where Examination by Registry is a critical stage. An officer would review the application and verify for any errors or correctness of the application corresponding to the Trade Marks Act and its Rules.
Upon review, an examination report is assigned with the comments of the examiner. If there is no dispute of rules or other trademarks, it is transferred to publication in Journal. However, in the case of conflict, the examiner raises an objection and warns the applicant/ attorney to submit his/her reply as to why the application should be transferred to the next stage. Failure to respond may reject the application which forces the applicant to file a reply to the examination report published by the Registry.
Filing a reply to the examination report is mandatory to reach the next stage of the registration process. Failure in filing thereply to the trademark objection report within a month from the date of dispatch of the said report would lead to the abandonment of the whole TM application.
The Trademark objection reply letter provides the opportunity to present the ground as to why the applicant is entitled to get his/her mark registered. With a written reply to the report, one put can put forward the arguments on how the objections are not applicable to the TM application and show the mark’s distinctive features.
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