Trademark registration is 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 processes the Application and scrutinizes it. After scrutiny, even in the situation of minor similarity with another trademark, the learned Examiner issues an Examination Report.
The said Examination Report is to be replied to in a time-bound manner, which is of 30 days from the date of receipt of the examination report. If an Applicant fails to reply to the examination report within the prescribed time period, the Trade Application is deemed to be abandoned by the Applicant.
In cases wherein the Trade Mark Examiner 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 evidence 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. In a situation, where the examiner requires further clarification, an opportunity for a personal hearing is granted by the Examiner.
Legal Tempo can help you respond to the objection raised by a Trade Mark examiner. The average time taken to draft and file a trademark objection reply is about 2-3 working days, subject to government processing time and client document submission.
Get a free consultation for trademark registration by scheduling an appointment with our Trademark Expert by writing to Legal Tempo on firstname.lastname@example.org or call us at +91 8700291362.
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