How to file reply to a trademark objection?

How to file reply to a trademark objection?

After filing of Application for trademark registration, Registrar of Trademark may raise an objection under section 9 and/or section 11 of the Trade Mark Act. The article explores what steps need to be taken in case a trademark is objected.

An objection is one of the initial stages in the registration process. It can be filed by either the Examiner/Registrar. An Examiner/ Registrar may file an objection under Section(s) 9 (Absolute Grounds of Refusal) and 11 (Relative Grounds of Refusal) of the Act on primarily two grounds –

Objection under Section 9 relates to generic name or the mark is a common name related to trade, good/services, cannot be distinguished with goods/services of others.

Objection under Section 11 relates to the similar / same trademarks/names registered and/or under the registration with Registrar of trademark.

Applicant need to file reply to the objection within 30 days from the date of objection raised.

If the objection is raised under section 9 then the broadly reply should be based upon the facts and circumstances under which applicant has adopted the said trademark. In the reply applicant should also mention since when he is using the said trademark. Further, applicant should also clearly mention how the trademark applied by the applicant is not a

generic name or the mark is a common name related to trade, good/services, can be distinguished with goods/services of others.

If the objection is raised under section 11 then the reply should be based upon the facts and circumstances under which applicant has adopted / created the said trademark. He should also specify the facts which can prove how cited marks are different from the applicant’s mark. In the reply applicant should also mention since when he is using the said trademark.

After filing of reply the registrar of trademarks will evaluate the reply and thereafter either he will accept and advertise the application in journal  or he will fix the application for show cause hearing.

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