Whenever we apply for Trademark, Trademark application process passes through multiple stages where Examination by Registry is a crucial stage.
The application is assessed by the officer to check for any errors or correctness of the application with respect to the Trademark Act and its rules.
Once the application is assessed, the officer issues an examination report along with his comments. If there is no conflict of rules, the officer passes the application to the next step which is Publication in journal. However, if there is any conflict the officer raises an objections and informs the applicant/attorney to provide his/her reply as to why the Trademark application needs to be passed on to next step. If the applicant fails to provide his/her reply within 30 days of issuance of examination report in that case the Trademark application gets abandoned.
Generally, there are two types of grounds on which the examiner of trademarks raises the objection, which are absolute grounds for refusal and relative grounds of refusal.
Our legal team at Law Office of Hardik Gajjar has vast experience in handling such objections and they will always prepare their reply by studying the examination properly and in detail. Our legal team always prepares the reply for the objection specifically for every trademark and the drafting is done along with the relevant judgments.
How do we file reply for an office objection for Trademark?
Required Documents for Application for Trademark Objection Reply
- PAN Card
- Aadhar Card
- Address proof
- Business proof (If applicable)
Frequently Asked Questions
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.
Under modern business condition a trademark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
It creates an image for the goods/ services.
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him.
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
