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33%
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Duration : 2 to 4 days
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Once the objection is raised by the trademarks registry, it is very important to file the reply to those objections as soon as possible since there is a limited time period is provided for reply filing i.e. only 30 days’ from the date of Examination Report. If you miss the deadline then your application for trademark registration will be treated as abandoned which lead to fresh filing of the application for registration and it costs too much.
Trade Mark Registrar raises objections for registration of a trademark, the Applicant has an opportunity to submit a written reply for the objections so 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.
REPLY TO THE TRADEMARK OBJECTION
Basic Concept
Where Trade Mark Registrar raises objections for registration of a trademark, the Applicant has an opportunity to submit a written reply for the objections so 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.
LEGALRAJ will 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.
What are the features of trademark registration ?
1. Professional Approach while replying:
Professional approach is very important for increasing the chances of successful registration of the trademark. Whenever the objection is raised by the trademarks registrar, a reply has to be filed stating all the facts and clarifications and based on those details and statements duly submitted, the registration or rejection of the trademark application depends.
2. Timely Response:
Once the objection is raised by the trademarks registry, it is very important to file the reply to those objections as soon as possible since there is a limited time period is provided for reply filing i.e. only 30 days’ from the date of Examination Report. If you miss the deadline then your application for trademark registration will be treated as abandoned which lead to fresh filing of the application for registration and it costs too much.
3. Facts and Circumstances:
It is very important to mention all the facts and circumstances under which the Trademark application was made. Since unless you represent the proper reasons and justifications your application will never be treated seriously. Mention the strong facts and grounds on which your application is based and make it to be registered in one go after raising the first objection.
What is the process for Trademark Objection Reply filing ?
Step 1: Generate online enquiry on our website
Step 2: Our expert will provide you with the instructions as to how to proceed
Step 3: Fill up the checklist of documents and provide necessary documents to us
Step 4: We will start the preparing documents and provide you with the documents submission receipt.
What you will receive in Reply to Trademark Objection Package?
How we help with replying to trademark objection ?
1. Consultation:
LEGALRAJ will determine the reason for objection and will determine a course of action to address the concerns of the Trademark Examiner - cited in the Trademark Examination report.
2. Reply Drafting and Filing:
Based on the discussion and course of action decided, we will draft and file a reply letter with the Trademark Registry.
Passport photo of all parties.
PAN card of all parties.
Aadhar card of all parties.
Utility bill of Electricity or Telephone.
Entity Address Proof of all the parties.
Valid Driving Licence of all the parties.
Terms and Conditions between the parties.
Other documents will be intimated through e-mail.
Once the Notice of Objection is filed, the Registrar takes it on record and serves a copy on theApplicant (with an official intimation to the Opponent) inviting their attention to file a CounterStatement. The Applicant is required to file the Counter Statement within two months of the receipt ofthe Notice of Objection. If the Applicant fails to file the Counter Statement within the stipulated time,the Applicant is deemed to have abandoned his application.
Any person can file the notice of oppositionwhose trademark rights are infringed. This includes individuals, companies,partnership firms and trusts. Two or more persons can also file an application jointly as opponents provided the issues are the same.
A Power of Attorney should be submitted either at the time of filing the notice of Objection or at a later date.
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The notice of Objection can be filed within three months from the datehe Trademarks Journal is made available to the public. If the notice of opposition is filed after threemonths but before the expiry of four months, then it must be accompanied by a request for anextension of time of one month, giving sufficient reasons for the delay in filing the Objection.