Trademark registration is a process to protect the brand name, the first step of the trademark registration is to fill the trademark registration application in the concerned trademark registry. After submission of the trademark application in the concerned trademark registry the trademark examiner will examine that the proposed trademark is already exist in the trademark registry or not. At the time of examination if the examiner found that the applied or proposed brand name is already available or the proposed brand name is similar with any other brand name or the proposed brand name is geographical name or the applied brand name decive any public interest then the trademark registrar put the objection on the applied application or the applied brand name and give the opportunity to submit the reply notice within 30 days from the date of issue of the objection notice. In this case if the applicant is able to submit the reply notice within the prescribed time limit the trademark register has the power to refuse the applied application. After submission of the REPLY NOTICE the examiner will reexamine the reply If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or there are additional clarifications sought by the Trademark Examiner, there would be trademark hearing scheduled and the same will be notified by a Hearing notice. (Depending upon the case, BHARAT REGISTRATION can assist you in Trademark Hearing service, exclusively.) If the trade mark registrar is not satisfied with the reply notice which is has been submitted regarding the objection then the trade mark office put the show cause hearing status. In this case it is the duty of the agent / attorney to attend the hearing and submit all the required evidence in front of the trademark Examiner on the prescribed date. (The Hearing charge is not included with the reply notice submission fees).
Reason for trademark objection –
The reasons for the objection are mention below.
1. Ground for the refusal may be (a) absolute ground (b) relative ground
(a) Absolute ground of refusal-
Absolute ground for refusal of the registration is provided under Sec 9. It consists of three clauses. Clause 1 – says that a trademark cannot be registered if it is not distinctive. Clause 2- says that it cannot be registered if it is against the public interest. Clause 3- says that if it consists exclusively shape of goods, a trademark cannot be registered.
(b) Relative grounds of refusal – The grounds are mentioned under sec 11. The relative grounds are:
• Likelihood of confusion because of its identity.
• If it is identical or similar to a well-known earlier trademark for goods or services which are not similar to be registered in the name of different proprietor.
• It is use likely to be prevented by virtue of any law or by law of copyright.
(a) Absolute ground of refusal-
Absolute ground for refusal of the registration is provided under Sec 9. It consists of three clauses. Clause 1 – says that a trademark cannot be registered if it is not distinctive. Clause 2- says that it cannot be registered if it is against the public interest. Clause 3- says that if it consists exclusively shape of goods, a trademark cannot be registered.
(b) Relative grounds of refusal – The grounds are mentioned under sec 11. The relative grounds are:
• Likelihood of confusion because of its identity.
• If it is identical or similar to a well-known earlier trademark for goods or services which are not similar to be registered in the name of different proprietor.
• It is use likely to be prevented by virtue of any law or by law of copyright.
SOLUTION
In cases where in the Trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by the examiner in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration. But in some case the reply is not sufficient to satisfy the examiner in that case the trademark registrar calls the applicant to attend the hearing. In that hearing if the examiner satisfies with the evidence and the argument then the trademark registrar will allow the application to advertise/ publish in the trademark journal.
2. REPLY NOTICE DRAFT
3. EVIDANCE IN SUPPORT OF THE REPLY NOTICE
4. REQUIRED EVIDANCE IN SUPPORT OF THE REPLY NOTICE
• PURCHASE /SALES INVOICE COPY
• ADVERTISEMENT COPY
• ANY GOVT REGISTRATION DOCUMENT WHERE THE BRAND NAME IS MENTIONED CLEARLY
• DOMAIN PURCHASES BILL
REQUIRED DOCUMENTS FOR THE REPLY TO THE EXAMINATION REPORT
1. FORM 482. REPLY NOTICE DRAFT
3. EVIDANCE IN SUPPORT OF THE REPLY NOTICE
4. REQUIRED EVIDANCE IN SUPPORT OF THE REPLY NOTICE
• PURCHASE /SALES INVOICE COPY
• ADVERTISEMENT COPY
• ANY GOVT REGISTRATION DOCUMENT WHERE THE BRAND NAME IS MENTIONED CLEARLY
• DOMAIN PURCHASES BILL
Our Best Plans
Drafting and filling of reply for objection raised by the trademark examiner. Exclusive for trademark application filed by BHARAT REGISTRATION. Inclusive of Govt fees and GST.
Drafting and filling of reply for objection raised by the trademark examiner with fresh Form - 48. For trademark application filed by third - parties. Inclusive of Govt fees and GST.
Drafting and filing of reply for objection raised by Trademark Examiner along with trademark rectification. Inclusive of government fee and GST.
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