Section 9 and 11 of The Trade Marks Act, 1999 specifies the absolute and relative grounds for refusal of Trademark registration. In addition, the examiner will check if the application is filed in the correct form, and decide whether to impose any restrictions or conditions on the trademark.
It is in the interest of the applicant to file his application meeting all requirements for registration.
However, we all are just human beings thus we all make mistakes.
Some mistakes may appear in the necessity to reply to a trademark examination report. The examiner will file such report if he has any of above-mentioned grounds for objections.
If so, the examiner compiles objections into the examination report, which is uploaded on the website of the Trade Marks Registry. The trademark applicant or his representative (attorney) has to file a response to the objections raised in the examination report.
Normally the examination report needs to be responded within a period of 30 days from the date of the examination report. However, a deadline for responding to the report of will be mentioned at the end of the report.
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