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Trademark Reply

Trademark Objection is the second stage of the Trademark Registration Process. All the Trademark applications will be examined by the Registrar of Trademarks. The trademark examination report is a report of examination conducted by Trademark Office after examining the registrability of the application, which includes distinctiveness, existing similarity with prior registrations, and filing of supporting documents. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.

After the examination of the trademark application, the registrar will decide whether the application can be accepted or not. If not accepted, the registrar will mark the application as objected with specific reasons. The examination report will be communicated to the applicant/trademark agent for submitting a reply to the examination report.

  • The applicant is required to file his reply 30 days from the examination report.
  • If the reply to the examination report is found satisfactory, the Registrar shall proceed to accept the application and will advertise the same in Trademark Journal.
  • Filing a Trademark objection reply is mandatory otherwise you shall lose the brand protection.
  • An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.
  • Once the Trademark objection reply is duly filed by the registered attorney, the reply will also be displayed on tracking the application status. Further, the alert “Pending for Reply” or “Awaiting Reply to Examination Report” will be removed from the application status 
Reasons for Objections

The following are the major reasons for marking the application as objected by the Registrar of Trademark:

  • If the trademark does not have a distinctive character or is not capable of distinguishing the goods or services.
  • If the trademark applied for registration is similar to the marks already registered/applied.
Objection Pertaining To Absolute Grounds
Section 9(1): prohibits the registration of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services.
Section 9(2): States that a mark shall not be registered as a trademark if it is of such nature as to deceive the public or cause confusion or it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India.
Section 11:  of the Act stipulates that where there exists a likelihood of confusion on the part of the public because of the identity with an earlier trademark or similarity of goods or services, the trademark shall not be registered.
Consequences of non-filing of Reply

If the reply to the examination report is not filed within 30 days of notice / or by the extended time, the Trademark application shall be marked as abandoned by the Trademark Registry. In case the application has been marked as abandoned, the applicant has to file a fresh application for the Trademark.

Time duration

File your Trademark Reply within 24 Hours.

Cost involved

Get File Your Trademark Objection on 1499/- Only
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