Trademark Objection

The Trademark application status is shown as ‘Objected’ when the Examiner/ Registrar/ raises any objection on registration of the trademark. Trademark objection is the main stage after the “Marked for Exam” status in the trademark application registration process. The trademark objection can be raised by the Examiner/ Registrar on the two grounds i.e., Section 9 and Section 11.

Trademark Examination Report

Once the trademark registration application is filed with Registrar, the trademark is examined, and the examiner issues a ‘trademark examination report’ stating if trademark application is accepted or if the trademark application is objected along with the relevant provisions.

All the trademark objection is raised under the Section 9 (Absolute Grounds of Refusal) and Section 11 (Relative Grounds of Refusal) of the Act fundamentally on two grounds:

·         If the application has wrong / incomplete information

·         If there a similar or identical trademark already present

The Examiner/Registrar raise an objection to the registration of trademark application on below circumstances in public interests:

·         The trademark is being used before its registration, and in such a situation the trademark registration application status is changed to ‘Adv Before Acceptance’ in records.

·         The trademark is published in the Trademark Journal and the opposing parties found possibility of litigation.

The Examiner/ Registrar provides the applicant a fair opportunity to defend the ground of objection raised per the rule and regulations as laid under the Act.

Trademark Objection Reply

The Trademark objection reply under examination report is known as trademark examination reply to the Registrar / Examiner. The applicant should file a Reply to the Examination report for the objection within 30 days from the date of receipt of notice of objection i.e., the trademark examination report, failure to reply within stipulated time would make the status of application as abandoned. Nevertheless, an extension of another 30 days is provided on payment of prescribed fees.

Once the Reply (MIS-R) is filed, the Registrar calls for a hearing. After the hearing if the verdict is not in the favour of an applicant, the trademark application will be rejected and removed from the Trademark Journal and if the verdict is in favour of the applicant, the trademark will be registered. The aggrieved applicant can also appeal to Intellectual Property Appellate Board (IPAB) within 3 months from the date of verdict passed by the Registrar.

Once the hearing is presented in front of IPAB in accordance with the rules, an ordered is passed by IPAB which stands still. However, if the applicant is aggrieved with the order passed by IPAB can appeal to High Court or further Supreme Court with competent jurisdiction.

Conclusion

For more information on Trademark registration process, reply to an objection, examination report, cost and filing fees, please write to us at info@ccoffice.in or connect over 9988424211 and our team of professional experts at Compliance Calendar LLP will revert soon with solutions.