TM Objection Reply

TM Objection Reply

Received objection under Section 9 or 11 in Examination Report?
Let IPR Experts help you in filing reply to Registrar of Trademark.

Top reasons to file TM Objection Reply

  • To answer the queries in the Examination Report raised by the Registrar of Trademark
  • Give your submission as to why your TM Application should be accepted and on what grounds
  • It is an important step to proceed for the Registration of Trademark Application via replying to objections

After your trademark application is filed, an examiner may find out that your mark is either identical to any registered trademark or it is not in consonance with trademark rules. Objection may also come due to filing of incorrect trademark form/ incorrect trademark applicant name. A lot of times, insufficient information on goods/services are there which causes the receiving of Trademark Objection.

The Registrar of Trademark may raise objections on your trademark application if it violates any of the rules and applicable laws of trademark registration. Such objections creep in where there are grounds of similarity with an existing trademark, offensive to a particular religion, absence of a distinct design or other items under section 9 or/and 11 of Trade Marks Act 1999.

Get in touch at 9988424211 or/and at tm@ccoffice.in and let our IPR Experts file reply to the objection raised by the Registrar of Trademark. In the event of a trademark objection, a comprehensive reply needs to be filed within a month, from the date of issuance of the objection. We will take care of Replying to Objection raised under section 9 or/ and 11 of Trademark Law for your brand.

Reply to trademark objection filing can be done by our Trademark Agents online. The total time we take for filing detailed reply to the objected mark to the Registrar of Trademark normally takes 3-4 working days. The complete procedure is online and we show you the copy of reply to you before submitting the same. We also get the right to attend show cause hearing if the reply that we file are unable to satisfy the Registrar of any ground that he may think fit.

Having rich experience in the complete Trademark Registration, CCL can help you in trademark in filing of Trademark Objection Reply after understating all the grounds you may have in your favour. For this, our TM Agent will be in talk with you and brief you about the possibilities of its waiving off objection. We have helped thousands of businesses secure their brands by undertaking the complete registration process and not just filing of the trademark application and successfully getting it registered in a transparent way with end to end services.

Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to similarity or resemblances. It is not a straight forward denial to your application for trademark registration, but the registrar seeks some valid reasons and submissions about the mark and its registrability. Thus, through examination report the Registrar of Trademark gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration under the Trademark Act, 1999.

Documents Required

Examination Report: This can be found by feeding the application number of your trademark filing and we can find out for you what queries has been raised as part of objections.

Power of Attorney: The POA will enable us to file reply on your behalf and do all such acts and activities to submit reply to the examination report.

Supporting Documents: To satisfy the Registrar about the usages of the mark, we may require from you certain supporting documents and various other information to make a detailed reply.

For further details, connect to us at tm@ccoffice.in or 9988424211

Trademark Objection: If the application is found violating section 9 or 11 of Trademark Act, 1999, the trademark officer sends their Examination Report with the objection and similar brands under the class filed;

Below are the step-wise procedure for your easy understanding

Analysing the objections

  • The first thing to do is to look at the Examination Report and see on what sections the objections has been raised.
  • It is also important to give attention to see if there is any trademark rectification required.

Executing the POA

  • A Power of Attorney is an essential document which enables us to do all acts and activities to file the trademark reply.
  • Team CCL will be sending you the draft POA to be taken on non-judicial stamp paper and get notarized.

Arranging the Supporting Documents

  • To waive off the objections raised by the Registrar of Trademark, they need certain proofs including but not limited to User Affidavit.
  • All other supporting documents are compiled to satisfy the department as to why they should accept the trademark application.

Drafting and Filing of Reply

  • Drafting of reply for objection raised by Trademark Examiner.
  • Filing of the detailed reply to the Registrar of Trademark.

In all the applications that we file for trademark registration, majority of them gets objected. Therefore, it is okay to receive the Examination Report with some objections. All that requires is that we submit the reply to the objections raised within stipulated time to get the mark accepted and advertised.

  • Accepted & Advertised: The best feature and benefit of filing TM Objection Reply is that if our reply satisfies the Trademark Examiner, they accept the application and send it for advertisement. This brings us one step closer to the Registration of Trademark.
  • Opportunity of Show Cause Hearing: There are cases where the submissions made by us are not according the laws of registrability of trademark in the eyes of Trademark Examiner. An opportunity of show cause hearing gives us the chance to put forth our submission as to how our mark is unique.

Frequently Ask Questions

When the status of the trademark application filed by you in the Indian Trade Mark Registry website is shown as 'objected', this means that the trade mark examiner has raised an objection against the Trade mark in the examination report.

When an objection is raised by the Trademark Examiner against trademark application, the applicant is provided with an Examination Report about the objection as well as the grounds of objection. We at CCL can help you file a detailed reply to the objection.

When the trade mark application is objected, it is important to know that a response should be filed within one month from the date of receipt of Examination Report. The Trade Mark Registry usually uploads the Examination Report in the online records without any intimation to the applicant or its agent.

Not filing reply to the objection raised by the Trademark Examiner can land you in troubles as failure to file an objection within 2 months will change the status of the application to from Objected to Abandoned.

The objection can demand for rectification if some goods are in the wrong class with wrong description: In this case, it is essential to file a reply to change the application to delete the items that do not fall under the proposed class. If the objection is because of the grounds under section 9 or/and 11, you have to file a reply stating that your mark can be differentiated from the goods and services it stands for.

The simple answer will be YES. Since the Examiner /Registrar has raised objections in the Examination Report, the status of your trademark application will show as “Objected”. All you have to do is to file a counter statement which is also known as TM Objection Reply.

Not to worry at all! Someone from our experienced IPR Team will resolve all your queries on TM Objections. Our TM Experts will help you to give you the best advice without any consultancy fees. Write to us at tm@ccoffice.in or/and WhatsApp/Call us +91 9988424211.

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