Responding to Trademark Objections in India
Trademark examination is a crucial step in the trademark registration process in India. After filing an application, the Registrar examines the mark to determine its registrability. If any objections are raised during this examination, a trademark objection report is issued by the Registrar.
In order to proceed with the registration, it is necessary to submit a suitable response to the trademark objections within the specified timeframe. Let’s explore the trademark objection reply process in India.
Understanding Trademark Objections in India
1.Reasons for Objections : Trademark objections can be raised on relative grounds or absolute grounds, as defined under the Trademark Act, 1999.
2.Relative Grounds : Objections arise if the trademark is similar or identical to an existing mark for similar or different goods/services.
3.Absolute Grounds : Objections arise if the trademark lacks distinctive character or consists exclusively of common elements.
4.Trademark Examination Report : The examination report outlines the objections raised by the trademark examiner, along with relevant provisions of the Trademark Act.
Preparing and Filing a Trademark Objection Reply
1.Time Limit:
The trademark objection reply, also known as the response to the office action or examination reply, must be filed within 30 days from the receipt of the examination report. Failure to do so may result in the abandonment of the trademark application. An extension of time can be requested by paying the prescribed fee.
2.Addressing Objections:
When preparing the trademark objection reply, it is essential to carefully address each objection raised by the examiner. The reply should provide a clear and persuasive argument to overcome the objections and establish the registrability of the mark.
3.Supporting Documents and Arguments: The trademark objection reply should include relevant documents and arguments to substantiate the response. This may include evidence of distinctiveness, disclaimers, evidence of acquired distinctiveness, or any other supporting materials to demonstrate the uniqueness and registrability of the mark.
4.Professional Assistance:
Seeking guidance from a trademark expert or attorney can be beneficial in crafting an effective trademark objection reply. They possess the necessary knowledge and experience to navigate the objections and present a strong case for registration.
Costs Associated with Trademark Objection Reply
- Extension of Time: If an extension of time is required to file the trademark objection reply, the cost varies depending on the filing method
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- Physical Filing (non-online): INR 1,000
- Online Filing (e-filing): INR 900
- Expedited Trademark Application: In certain cases, expedited processing of trademark applications is available. The official fees for expedited applications differ based on the entity type:
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- Individuals, Start-Ups, and Small Entities: INR 20,000
- Large Entities: INR 40,000
Responding to trademark objections in India is a critical step in the trademark registration process. By carefully addressing the objections and submitting a well-structured and persuasive trademark objection reply, applicants can increase their chances of obtaining registration for their mark. Seeking professional assistance can provide valuable guidance and ensure a strong response to overcome the objections raised during the examination.
