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Introduction
Trademark application passes from several stages, where Examination by Registry is a crucial stage. An officer would examine the application and check for any errors or correctness of the application confirming to the Trade Marks Act and its Rules.
Upon review, an examination report is issued with the comments of the examiner. If there is no conflict of rules or other trademarks, it is passed to publication in Journal. However, in the case of conflicting, the examiner raises an objection and alerts the applicant/ attorney to submit his/her reply as to why the application should be passed to the next stage. Failure to reply may abandon the application which compels the applicant to file a reply to the examination report issued by the Registry.
Why Trademark Objection Reply is necessary?
To Prevent Abandonment
Filing a reply to the examination report is mandatory to reach the next stage of the registration process. Failure in filing the reply to the trademark objection report within a month from the date of dispatch of the said report would lead to the abandonment of the whole TM application.
Establish your Mark’s Distinctiveness
The Trademark objection reply letter provides the opportunity to present the ground as to why the applicant is entitled to get his/her mark registered. With a written reply to the report, one put can put forward the arguments on how the objections are not applicable to the TM application and show the mark’s distinctive features.
Other Services
Trademark Registration
Rs.5,999/-
Brand Copyright
Rs.3,999/-
FSSAI Registration
Rs.3,999/-
FSSAI License
Rs.6,999/-
Business Plan
Rs.39,999/-
Financial Projection
Rs.29,999/-
GST Registration
Rs.1,999/-
ISO Registration
Rs.7,999/-
Terms and Conditions
Rs.8,999/-
Trademark Objection Reply Process Flow
1-2 HOURS
2 WORKING DAYS
2 WORKING DAYS
2 WORKING DAYS
Select Package
At Our Startup India, we offer a range of packages to suit your needs. Start by selecting the appropriate one, fill out the required forms, or simply speak to our experts online for assistance.
Discuss the grounds of Objection
Our Startup India will collect the basic information and required documents for the process initiation and discuss the grounds of objection raised by the examiner.
Draft the response
Our Startup India professionals will give you suitable responses to select from and will draft the response.
Fill TM Objection Reply
Our Startup India will file the Trademark Objection Reply form online and will keep you updated about it.
Documents Required for Trademark Renewal
Documents Required
- PAN Card
- Address Proof of Applicant
- Certificate of registration (other than Individual applicant)
- Trademark registration certificate
- The application filed with the TM Registry
Simple & Transparent Pricing
Basic Package
Save upto-10% cost on this package
2,999
(inclusive All)
- Name Search Report
- Name approval in RUN (Reserve Your Unique Name)
- DSC(2no) (Extra Dsc Per Director – Rs-1000)
- Filing Spice Form
- Issue of Incorporation certificate along with PAN & TAN
- Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
- Msme Registration
- Share Certificate (Soft Copy)
Growth Package
Save upto-20% cost on this package
6,499
(inclusive All)
- TRADEMARK SEARCH
- TRADEMARK PLANNING
- ONLINE TRADEMARK FILING UNDER ONE CLASS FOR SOLE PROPRIETOR /STARTUP
- LOGO DESIGNING
Premium
Save upto-30% cost on this package
9,999
(inclusive All)
- TRADEMARK SEARCH
- TRADEMARK PLANNING
- ONLINE TRADEMARK FILING UNDER ONE CLASS FOR SOLE PROPRIETOR /STARTUP
- LOGO DESIGNING
- COPYRIGHT REGISTRATION
FAQs
When the examiner raises some objections regarding the registrability of your trademark it is said to be objected. To overcome the objections, a written response needs to be filed with the Trade Mark Registry. If the Examiner is not convinced with the written response, a hearing is scheduled for allowing arguments to be put forth in person.
When the Examination report is issued by objecting to the registration, a written reply needs to be submitted that gives sufficient justification and clarifications regarding a trademark’s distinctiveness and registrability. If the filed response satisfies the examiner, the mark would be published in the journal.
An online trademark renewal application shall be made with the help of a Registered Trademark Attorney in India with the payment of renewal fee and additional or late fee (as applicable). A trademark renewal request can be filed six months prior to the date of the trademark expiry. Before the expiry of the trademark, the registrar sends a notice to the owner regarding the expiry and the renewal fees and conditions. In case of lapse, the trademark gets removed from the register. An extension period of six months post-expiration is given in case one misses the deadline along with an additional late fee.
The status of the Trademark Application is required to be tracked from time to time by the applicant in order to stay updated. When the examination report is issued, the status of the application is changed to “Objected” with the alert “Awaiting Reply to Examination Report”.
No, the applicant of the trademark does not need to stop using the ™ sign. By way of issuing the Examination Report, the Registry does not compel to stop the applicant from using the ™ sign beside the Brand Name or Logo.
The response to the examination report issued by the Trademark Registry is required to be filed within 1 month from the date of dispatch. However, the Registry accepts the response even after the stated period is passed. One may submit the reply till the status of the application shows the alert of “Awaiting Reply to Examination Report” and not “abandoned”.
The Trademark Registry normally takes 6 to 8 months to process, verify and review the reply filed with the registrar.
The show-cause notice for hearing is issued in very exceptional cases, where the trademark applied is very similar to any other applicant or examiner is not satisfied with the reply filed along with the supporting grounds.
The application, when it is accepted by the Registry, is published in a journal for a period of 4 months and is open for the opposition by the Third Party. After completion of 4 months, where no opposition by the third party is received, the Registration Certificate of the trademark is issued by the Registry.