Trademark Objection

  Trademark Objection Status

Check Trademark application status as objected through our Trademark Search Data service

  Trademark Examination Report

Get a trademark examination report issued by the trademark office which is available on ipindia; the website of trademark registry. we will assess the objections compiled in examination report

  Trademark Objection Reply

We draft and file a suitable reply to Trademark examination report with objection status

  Documents required for Trademark Objection Reply

List of documents needed for filing the trademark objection reply in India. Only the scanned copies of the documents is required

  Time taken for Trademark Objection Reply

3-4 days will take to file the TM objection reply subject to receipt of the documents




 

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Trademark Objection Reply Cost



 
 
 
Government Fees (Individuals) Rs 0
Professional Fees Rs 2,372
Goods & Service Tax Rs 427
Total Cost (Individuals) Rs 2,799
 

Documents Required for Trademark Objection Reply


 
Icon acknowledgement

Trademark Receipt

One copy of Trademark receipt including details of registered Trademark

Icon power attorney

Power of attorney

A Power of Attorney duly signed by the applicant on a judicial stamp paper authorising our attorney to act on your behalf.

Questions? Call us on 011-395-95858

 

What do you get?


 
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Draft Reply

A draft copy of trademark objection reply with the satisfactory response

 

Trademark Objection Process


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    CHECK OBJECTION STATUS

    If you have register your Trademark with us we will provide you information of any objection raised on your Trademark. You can check the Trademark objection status can be checked on the official ipindia portal. You can also search the trademark status through our Trademark Search bar. This is a free service.

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    DRAFTING OF REPLY

    Our attorney will draft the objection reply and affidavit (if required) according to each objection raised in your examination report. Our attorney will assist you by drafting an examination reply within two working days.

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    REPLY FILING

    Our attorney will prevent your trademark registration application from being abandoned by filing an objection reply along with requisite documents (TM-A and MIS-4) with the Trademark registry within two working days. Trademark application status can be checked online in the official site of our company. A written authorisation by the applicant will be required by our attorney to act on his behalf


 

Get all the information by mail

 

Frequently Asked Questions


What is Trademark Examination?

Trademark Examination is a thorough preliminary checking of Trademark Application filed in TM-A which is conducted by the examiner. If the application is objected, an examination report is sent to the Applicant or published in its Official site.

Who is an Examiner?

An Examiner includes any officer who is authorised with the duty of examination of Trademark Applications.

What is Trademark objection status checking procedure?

  • Go to the official site of IpIndia
  • Click on the Trademarks Tab
  • Click on Trademark status
  • Mention Trademark application number
  • Once it is done, you may be able to view the complete information along with the current status of the trademark application, written at the top left of the application data.
  • Status if appears Objected will imply that Examiner has raised a query or objection.

What to do if the application is objected?

  • Click on Examination report link and download your examination report.
  • Check the date of examination report and calculate your deadline to file reply against the trademark objections raised in the examination report.

What is the deadline to reply the report?

The deadline to file Trademark objection reply or Examination report Reply is thirty days of the date of issuance of the report to the applicant or thirty days of viewing the objection status online.

Who issues the Examination report?

The Trademark examiners appointed by Government at Trademark registry issues the examination report.

What are the objections raised by the Examiner?

Objections raised by the Examiner as under the Trademarks Act, 1999 are as follows:

If a Trademark is overly comprehensive or indicates directly the basic nature, kind, geographical indication of the product or service.

Similar as likely to confuse the public by imitating the name of a registered trademark.

Too similar without modifications or with insignificant modification so that the name could get associated with an earlier registered Trademark.

If a Trademark is covered under prohibited names according to Emblems and Names act, 1950 or any other Law the application will be objected by the Examiner.

Say filed a wrong form instead of prescribed form TM-A or not attaching prescribed documents.

  • Descriptive name

    If a Trademark is overly comprehensive or indicates directly the basic nature, kind, geographical indication of the product or service.

  • Deceptive

    Similar as likely to confuse the public by imitating the name of a registered trademark.

  • Identical name

    Too similar without modifications or with insignificant modification so that the name could get associated with an earlier registered Trademark.

  • Prohibited name

    If a Trademark is covered under prohibited names according to Emblems and Names act, 1950 or any other Law the application will be objected by the Examiner.

  • Improper filing of the form

    Say filed a wrong form instead of prescribed form TM-A or not attaching prescribed documents.

Whether appointment of an attorney is mandatory to file a reply?

The reply of Trademark objection is an opportunity to present your arguments against each objection raised by the Examiner thus should be filed properly. Though hiring an attorney to file reply against the Trademark Objection is not mandatory, but it is advisable to do so to file the reply properly. Attorneys have experience and better legal understanding thus, are recommended to hire.

Even after filing Trademark examination reply the status is still shown objected. What to do?

Once you file a trademark examination reply, it might take 6-7 months for the examiner to look at the reply filed and the status will be changed after the examiner can analyse the reply filed. It does take 6-7 months for the status to be changed from objected to next step of acceptance or rejection.

How to check whether my attorney has filed the objection reply or not?

As you check your status on the trademark website, you will see a link at the end of the application file where in case a reply is filed, the link having heading Reply to examination-MIS will be activated, and you may also download the complete reply uploaded. Also, the advocate will hand over to you the reply filing receipt that generates after the reply is being filed.

I missed my Trademark examination reply deadline, but the status is still shown as objected. Can I file the reply now?

Yes, as long as the status is shown objected the applicant is eligible to file the reply to the examiner. However, the deadline should be taken seriously.

Is there any Government fee to file the examination reply?

There is no Govt. fee for filing the reply.

How does the examiner examine the application?

The examiner carries a thorough scrutiny based on clerical errors and legal mistakes as per Trademarks Act, 1999. The examiner will seek following things in the application:

  • If the application is fulfilling the legal requirements as under the Act and New Rules, 2017.
  • If the Trademark was objected earlier and if yes then on what grounds.
  • Whether any limitation, condition, or restriction is to be applied to the application after being accepted.

Why should I file an objection reply?

Filing a Trademark objection reply will help the applicant in following ways-

  • The application will be saved from being abandoned,
  • The Trademark will be registered and will be able to enjoy legal rights and protection.
  • Filing a reply will prove that you have nothing to do with infringement of rights of other Trademarks.
  • Trademark will be stronger and will assist you in standing out in the market.

My Trademark application status shows “objected”. What does it mean?

If a status shows that your application is objected it means that Examiner has raised a query based on Act requirements or procedural requirements. Once objected, the Examiner will issue an examination report to the applicant.
However, filing a proper reply to the Examination report resolves the issue.

What is basic the difference between Objection and Opposition?

The main difference between Trademark Objection and Opposition is that Objection is raised at a preliminary stage of registration by the Examiner whereas; the Opposition is raised by any person who can get affected by the registration of Trademark.

What is the prescribed form to file examination reply?

Under New Rules, 2017 E-form for filing examination reply is MIS-R. The reply shall be made in the prescribed form without any fee within the prescribed deadline.