Trademark Objection India | Complete Reference on TM Objection
Just after filing for a Trademark application the job of the applicant is not over. Let us understand about the next crucial step in Trademark registration that is Trademark examination.
1. What is Trademark Examination?
Trademark examination is process wherein the trademark application is checked by the examiner of trademarks. The examiner checks the application both technically and substantively. And then the examiner issues the examination report to applicant.
2. How to check whether my Trademark application is examined or not?
In order to check your application status, you need to have your application number with you. When you visit the Trademark office website i.e www.ipindia.nic.in , you will see a tab for Trademarks, where you may click and further put in your Trademark application no. in Trademark status link, once it is done you may be able to the complete information along with the current status of trademark application, written at top left of the application data. If it states Objected, that means an examination report against your Trademark application.
3. My Trademark application is objected, what to do next?
Now once you see your trademark application is objected, please click at 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.
4. What is the deadline to file reply for Trademark examination report?
The deadline to file Trademark objection reply or Examination report Reply is legally 1 month from the date of issuance of the reply.
5. Who issues Trademark objection Report?
The Trademark examiners appointed by Government at Trademark registry issues the examination report.
6. What are the general objections raised in Trademark objection report?
The most common objections objections raised in examination report are the objection based on the descriptive nature of the trademark or the objection with respect to similarity of the applied trademark with other marks already existing on Trademark registry record.
7. Should I hire an advocate to file for reply?
The reply may be directly filed by an applicant, but it is always advisable to go for professional’s help as they have better understanding about the legal aspects of the objections raised and the relevant arguments including the caselaws.
8. I have filed the examination reply way back; my status trademark application status is still objected what do I need 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 only after the examiner is able to analyze the reply filed. Generally it does takes 6-7 months for the status to be changed from objected to next step of acceptance or rejection.
9. How to know that my advocate has filed a Trademark 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 only after reply is being filed.
10. I missed my trademark reply filing deadline, the status is still showing Objected? What can I do?
As long as you see your trademark application status as objected you may still file the trademark objection reply. Generally the deadline for filing the reply is calculated from date of actual copy of examination report dispatched to the applicant or attorney on record address.
11. Are there any Govt. fees we need to pay to file a Trademark objection?
There is no Govt. fee for filing the reply, but in case there exist an objection in trademark report that requires an amendment in the trademark application filed we need to file that amendment by way of filing a separate for that is TM-16 which has a Govt. fees of Rs 500.
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