The Trade Marks Office can, for various reasons, have objections to your trademark application.
This may be because the word or logo is too similar to an existing trademark, because it could
hurt religious sentiments or if it is likely to cause confusion, among various other reasons.
You must file your response to this objection within a month from when the Examination Report
has been published online. If it has been sent to you or your lawyer, then a month from when
it was received. If you don't, the Registrar could abandon the application altogether.
Trademark registration is a type of intellectual property protection, under which a word or
visual symbol used by a business to distinguish it goods or services from other similar goods
or services originating from a different business can be protected. To register a trademark,
a trademark application must be filed by the applicant with the relevant Trade Mark Registrar
in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar
would process the application and issue an Examination Report. Among the outcomes, the
Trademark Examination Report could allow for the trademark application to be advertised
before registration or the Trademark Examiner could raise an objection for registration
of the mark.
In cases wherein the Trade Mark Registrar raises an objection for registration of a trademark,
the applicant has an opportunity to submit a written reply for the objection raised.
The reply to the Trademark Examination Report should contain reasons, facts and evidences
as to why the mark should be registered in favor of the applicant along with supporting
evidence, if any. If the Trademark Examiner finds the reply sufficient and addresses all
the concerns raised by him/her in the Examination Report, the application would be allowed
to be published in the Trademark Journal, before registration.
Filing a response to the objections raised by a Trademark Examiner in the Trademark Examination report does not guarantee registration of the trademark. Trademark registration is a process and registration is provided only by the Trademark Registrar - based on the facts of each case. Hence, our professionals can only make best efforts for registration based on expertise.
Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the reply to the objection sufficiently addresses all concerns cited in the Trademark Examination report, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.
Post filing of a trademark application, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark registration sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.
As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the applicant is required to file a counter statement within two months.
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