What is Trademark Examination?
A trademark is a recognizable sign, design or expression that is legally registered and established by use as representing a company or product.
After an application for trademark registration is submitted then the trademark officer specifically analyses the application and carry out his own search. After the examination they write down their opinions about the non-registration of the trademark.
All these objections along with the relevant Trademark provisions are mentioned in the Trade Examination Report. These objections must be replied by the applicant within 1 month of time from the date of the receipt of the trademark examination report. This reply by the applicant is known as Trademark Examination Reply.
Objections raised in Trademark Examination Report
- The applicant has not complied with the requirements laid down in the statute and required by the office.
- The objection is because the goods and services mentioned in the trademark application and trademark class are not so compatible.
- The objection stating that none of the goods and services mentioned in the application fall in the correct Trademark class.
- Objection because the trademark is not distinction and descriptive.
- Objection on the ground a same or similar trademark has been already registered or already applied for before the registry of the Trademark by some third party.
How to reply to the Trademark Examination Report
|* An answer to the objections.|
*Relevant case laws or precedents of the trade mark office.
*Supporting documents to prove inherent or acquired distinctiveness.
*An affidavit of Usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage.
If a mark is accepted during application, then the acceptance order will be issued. But if the examiner objects the application for the registration of the trademark then the applicant must respond to it within one month from the date of the receiving such examination report. The response to an objection in a trademark examination report can be submitted by the trademark applicant or an agent authorized by the trademark applicant as the “Reply to Examination Report”. A reply of the trademark objection must include:
The reply by the applicant must be comprehensive, adequate, effective and consistent by nature. The objection reply should not contain simple denials. Each denial must be dealt differently.
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