When a trademark application is filed, a unique number is generated which is called as Trademark Application Number. The TM Application Number is an identity to the trademark application filed by an applicant and the same is used for tracking the status of Trademark Application with the Department and other Stakeholder for all its correspondence even after its registration. The TM Application number also becomes the TM Registration Number in due course if the same is registered.
When a TM Application number is generated, it is Marked For Exam after the stage of Send to Vienna Codification or/and Formalities Check Pass. Examination Report is issued by the Examiner of Trademark once TM Application has been examined. If you have filed a trademark application and examination report has been issued, there could be one of the stages as below:
- “Objected” Trademark: If you have received Objection in the Examination Report, it means that the Trademark Registry wants you to file a REPLY TO EXAMINATION REPORT within one month of the examination report issuance date. The reply to Examination Report can be submitted online by sending a scanned copy (colour pdf file format) to parm.tmr@nic.in or could be uploaded online through the trademark office website or could also be submitted by person or post. You can also request for hearing after Examination Report directly without filing REPLY TO EXAMINATION REPORT.
- “Accepted” Trademark: Getting the status as Accepted means that your trademark application has qualified to get registered as per the Trademark Registry. The Accepted trademark status gets changed to Accepted & Advertised soon once the TM Application has been published in the Trademark Journal.
STATUS:- EXAMINATION REPORT ISSUED [EXPLAINED]
Issuance of an examination report is a mandatory stage in the complete process of trademark registration. Every trademark application is Marked for Exam with a Trademark Examiner for their Examination Report. The TM Examiner is responsible for scrutinising the application and determining its validity in accordance with the Trademarks Law:
- The Examiner first examines the basic documents, such as how the application was filed and whether the prescribed fees were paid.
- Once satisfied with the details, the mark is analysed, along with the scope of its registration.
- If any reasons are discovered that make the mark ineligible for trademark registration under the Trademarks Act of 1999.
- The Trademark objections (along with the applicable statutory provision) are then mentioned in the Trademark Examination Report, which is shared with the applicant.
Where to check the Examination Report issued and its significance?
The examination report is available on the IPIndia website, where it can be accessed using the TM application number. The examiner makes all decisions regarding trademark registration before issuance of an examination report. It is important to note here that, it is entirely up to Trademark Registry to proceed with the application or refuse the registration of the mark. Trademark Examination Report is prepared within 3 to 6 months after the Trademark Application is filed. The examiner examines the application for any flaws and then issues an examination report that contains the objections to the application.
What is Reply to the Examination Report of Trademark?
When a Trademark Examiner explains why the applied trademark application should or should not be registered under the Trademark Act of 1999 and the Rules of 2017. Objections, along with the statutory provisions, are compiled into a Trademark Examination Report. When an Examination Report is issued, the Applicant of the Trademark has 30 days from the date of receipt to reply to the Examination Report. The reply to the official communication of the examination report issued by the trademark examiner is called the REPLY TO THE EXAMINATION REPORT of the trademark.
After the Intellectual Property Registry of India issues the Examination Report, the status of the application on the portal will show Trademark status as "Objected" with an alert of “Awaiting Reply to Examination Report.”
Note: The reply should be submitted online via Comprehensive eFiling services or via email at parm.tmr@nic.in by attaching a scanned copy in pdf format up to "5 GB in size, with the subject "REPLY TO EXAMINATION REPORT". It can also be delivered in person or by registered mail to the appropriate Jurisdiction office. Affidavits with supporting documents such as evidence, etc., can be submitted along with the Reply to the Examination Report as needed.
What is the deadline for submitting a reply to the Examination Report?
The response to the Examination Report must be submitted within 30 days of receipt of the Examination Report.
Who can file a Reply to the Examination Report?
The trademark Applicant or Trademark Agent/Attorney duly authorised by the trademark proprietor may file a response to the Examination Report. When the Trademark Agent/Attorney files the Reply, the Reply to the Examination Report should be accompanied by TM-M (Form for Authorization of Agent) if at the time of trademark application, POA was not executed and filed on individual capacity.
What to do if Trademark Registry has raised an Objection?
If the trademark examiner objects the application, the trademark applicant or trademark agent/attorney submits a REPLY TO EXAMINATION REPORT with detailed contention as to why the trademark should be allowed to be Accepted.
After the trademark Applicant or Trademark Agent/Attorney replies to the Examination Report to the Intellectual Property Registry of India, the status of the application on the portal will show Trademark status "Objected." If the trademark Applicant's or Trademark Agent's/response Attorney's to the Examination Report is satisfactory/considered by the Intellectual Property Registry of India, then objections can be waived and the same will show as Accepted.
What happens if the REPLY TO EXAMINATION REPORT is accepted?
If the objections in the Examination Report are satisfied with the REPLY TO EXAMINATION REPORT, the status of the application on the portal will show Trademark status "accepted" and when the trademark/mark/Application is published in the trademark journal, the Trademark status will change from accepted to Accepted & Advertised.
What happens if the REPLY TO EXAMINATION REPORT is not accepted?
If the Reply to the Examination Report is not satisfactory or is not considered by the Intellectual Property Registry of India, then objections cannot be waived on the basis of the Reply submitted by the trademark Applicant or Trademark Agent/Attorney. The Intellectual Property Registry of India then requests a "Show Cause Hearing". The Show Cause Hearing Notice is issued, and the application's status on the portal will show Trademark status "Objected" with Alert as “Ready for Show Cause Hearing”.
What happens if we fail to file REPLY TO EXAMINATION REPORT on time?
The reply to the trademark examination report should be submitted within 30 days of receipt of such Examination report, failing which the Registry may abandon the application made, the status of the application on the portal will show Trademark status "Abandoned", implying that the applicant must give up the claim over the Trademark. As a result, the status of the Application should be checked on a regular basis to avoid any difficulty or inconvenience in claiming the rights to the Trademark.
