How Much Time Does It Take for Trademark Objection Reply, Documentary proof of trademark in commercial use.
How Much Time Does It Take for a Trademark Objection Reply: Introduction
How much time does it take for a trademark objection reply : A trademark is a symbol, logo, phrase, or a combination of these that represents the identity of a brand. During the trademark registration procedure, the trademark registrar frequently raises objections to the planned trademark if it violates trademark registration regulations and laws. It could be for a variety of reasons, including similarity to an existing brand, offensiveness to a specific religion, lack of a distinct design, and so on.
A thorough reply to a trademark objection must be filed within one month of the date of the objection’s issuance. It usually takes 3-6 months for a reply to be processed. There is no fee charged by the government for filing a response to a trademark objection.
Reasons for Objections
The following are the main reasons why the Registrar of Trademarks objects to the application:
- If the trademark lacks uniqueness or is incapable of differentiating the goods or services
- If the trademark application is identical to one that has already been registered or applied for.
Stages of Examination
Formal Examination: The mark is examined for compliance with the requirements of a distinctive trademark in the first stage, or “Formal Examination.” The application is said to have completed the “Formality Check Pass” once it has been cleared.
Substantial Examination: After this process, the mark is subjected to “Substantial Examination,” in which the trademark registrar checks the records to ensure that the mark is not similar to or identical to any previously existing trademark, as defined by Sections 9 and 11 of the Trademarks Act, 1999. This screening procedure can take anywhere from 3 to 6 months to complete.
Trademark Objection Checklist
The trademark examiner examines the trademark application to ensure that it complies with all trademark regulations. Any of the following factors can cause a trademark application to be objected:
Filing of Incorrect Trademark Form
The examiner will raise an objection if the application is not filed in the proper format. Form TM-4, for example, is used to register collective marks for goods and services in any one class. Form TM-51 is used to register a trademark for different classes of goods and services.
Incorrect Trademark Applicant Name
Trademarks must be submitted using the applicant’s full name and spellings must be double-checked.
Usage of Deceptive and Offensive Terms
Trademark names comprising deceptive phrases or trying to deceive or mislead customers with the fraudulent product or service descriptions will be rejected. For example, a company selling chocolate flavours under the name “Vanilla chocolates” could be considered dishonest. At the same time, trademark applications containing offensive terms will be rejected.
Insufficient Information on Goods/Services
When a trademark application fails to explain the business’s products and services in detail, the trademark examiner is likely to reject the application due to vague information.
Existence of an Identical Mark
The proposed trademark must not be identical or similar to any other mark in the industry. Under the Trademarks Act, the trademark examiner might object on the grounds that it may cause public confusion.
Documents Required to File a Trademark Objection Reply
A formal response to the examination report must be submitted, along with relevant clarifications and evidence, explaining why the application should be accepted. The required documents are listed below:
- Power of Attorney
- Reply to the examination report
- Documentary proof of trademark in commercial use which includes invoices, letterheads and communications, visiting cards, screenshots of websites, brochures, financial statements and all other evidence where the trademark is being used.
How to File Reply to Trademark Objection
Trademark Objection Response
When the registrar considers that the application is subject to objection, the application’s status is changed to object. The trademark objection agent will receive a copy of the examination report along with the cause for the objection, and the applicant will have 30 days to respond to the objection.
Analyse the Examination Report
The first step is to go over the examination report and figure out why the objection was raised.
Draft Reply to Objection
The next stage is to prepare an objection reply that includes a correct response to the objection stated, as well as supporting the rule of law and judgments, along with other papers and proof that verifies the response.
Response Deadlines
The reply to the objection must be filed with supporting documents within 30 days of the examination report.
If the Reply Is Accepted
If the response is accepted, the application will be processed further for trademark registration and publication in the Trademark Journal.
If It Is Not Accepted,
If it is not accepted, the registry will schedule a hearing and notify the trademark agent of the date and time.
Read more,
