YOU CAN NOW REGISTER A Trademark Objection IN INDIA AT JUST RS. 1,4999 (ALL INCLUSIVE)*
Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its 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.
Once a trademark registration application is submitted and examined by a Trademark Officer, a trademark examination report is sent to the trademark applicant or the person authorised by the trademark applicant. The trademark examination report is also put up on the trademark office website along with details of the trademark application. The applicant or the authorised agent then has a chance to submit a reply to the trademark examination report with a rebuttal, if there is an objection by the trademark examiner. The response is then considered, and if the objections can be waived on the basis of the applicant's response, the trademark application is accepted for registration, and the trademark is published in the trademark journal.
The response to an objection in a trademark examination report can be submitted by the trademark applicant or by an agent authorised by the trademark applicant as the "Reply to Examination Report". The response can be submitted online through the trademark office website or could also be submitted by person or post. Any affidavit and supporting documents should also be submitted along with the Reply to Examination Report.
In case of objections as to non-distinctiveness of the trademark, the applicant can submit a reply to examination report establishing that the trademark applied for registration is capable of distinguishing the applicant's goods or services; or the trademark has acquired a distinctive character in view of its extensive use in relation to relevant goods or services, before the date of application. If the trademark has acquired distinctiveness by virtue of its extensive use, the applicant should file an affidavit as evidence of the use of the trademark along with supporting documents.
In case of objections on relative grounds of refusal because of identical or similar trademarks in respect of similar goods or services, existing on records, the applicant may submit in reply to examination report that trademarks cited as conflicting marks in the examination report are different than the applicant's trademark, along with supporting evidence. In addition, the applicant can also produce consent or no objection from the proprietor of marks cited as conflicting in the examination report.
