Today in this Guide we are learning about Trademark Objection Reply Fees Time and Format in India. A trademark objection happens when a trademark examiner or a third-party puts an objection to registration of trademark for various reasons. The trademark examination report made by trademark examiner summarizes the results of the trademark examiner’s investigation and the reason for trademark objection process. In this article you will learn about trademark objection reply fees, trademark objection reply time, trademark objection reply format India and many more.
Reasons for Trademark objection ?
a) Incorrect Trademark Form – The trademark examiner can raise an objection if the application is not submitted on the right form.
b) Name of the trademark applicant is incorrect- The application’s name must include the names of all partners and be submitted in the name of a partnership business.
c) Failure to file Form TM-48 (Trademark Application) – When a trademark attorney or agent files a trademark registration request, the form TM-48 must be filed and attached. Without this form your trademark registration can get objection.
d) Goods or Service Specifications not Clearly Defined – The trademark examiner may object to the application’s inclusion of a huge number of products & services, or to the fact that the list is too broad to be considered.
e) Existence of a Trademark- If your trademark has similarity to something that already exists, the examiner has the right to oppose it. The objection will be made u/s 11(1) of the Trademarks Act since there are identical or similar marks on record for the same or similar descriptions, which may cause confusion among the general public
f) The Trademark Doesn’t Have a Unique Character- Trademarks that fail to differentiate from others are considered to be lacking of unique character, and hence subject to opposition.
g) It’s a Scam to Use a Trademark – If the trademark examiner believes that the trademark can spoof the public in terms of its usage, nature, quality, or other factors then you can get an objection.
Documents Required for Trademark Objection Reply ?
It is required to submit trademark objection reply letter format to the examination report with detailed clarifications as to why the application should be accepted. The following documents are required.
- The legal power of attorney
- Response to an examination report
- The evidence of trademark use in commercial activities includes invoices, letterheads, communications, visiting cards, and screenshots of websites, brochures, and other evidence of trademarks.
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How to Response to an examination report in Trademark Objection Reply
There are two ways through which an individual can respond on the objection on trademark.
- Self with DSC
- Through CA/CS/Lawyer.
If you receive an objection over your trademark application, you can send a reply to it by following these steps:
Review the Objection Notice- You need to carefully read and understand the grounds on which the objection has been made. Identify the areas where your trademark application is having issues and where improvements can be made.
Gather Evidence- Gather all the relevant evidence, documents, and facts that support your trademark application. You can provide evidence such as prior usage, distinctive character, and other relevant information.
Draw-up a Response- Prepare a written response to the trademark objection reply section 11, addressing all the issues raised in the objection notice. Explain how your trademark application meets all the legal requirements and how it does not infringe upon the rights of any other registered or pending trademarks.
Submit the Response- File the response with the trademark office within the specified time limit, which is usually 1 month from the date of receipt of the objection notice. If you fail to respond within the stipulated time frame, your application may be discarded.
Follow up- After submitting your trademark objection response, keep track of any further communications from the trademark office. Be prepared to provide additional information or make further modifications if needed.
Trademark Objection Reply Fees –
Trademark Objection Reply Fees or Cost totally depend on the Lawyer and Situation. if you want to do it yourself then you have to just Spend on the Digital Signature Class 3 which Cost 1000/-INR to 1200/-INR Only.
But if we talk about the through Registered Lawyer then its Takes 2000/-INR to 5000/-INR. We always highly recommend to use Lawyer Services Only for the Trademark Objection Reply else if you Revert is again Objected or Rejected by the Govt then you have start the Processing Again & have to bear lot of the Government Fee.
Trademark Objection Reply Time Limit –
You need to Reply within the 30 days of the Examination Report. if you did not respond on the Examination Report then your Trademark will be removed from the Registry on the same.
Trademark Objection Reply Format –
There is no Standard Format for the Trademark Objection Reply. So You need to always hire a Good Lawyer to Draft your Reply against the Examination Report.
So Hope you like this Article and Guide on Trademark Objection Reply with Fees & Time limit & Format.