Replying to Trademark Examination Report

trademark-examination-report

Whenever somebody applies for trademark registration, a trademark examination report is issued to the applicant. This report is issued by the trademark office intimating similar or conflicting marks and grounds for refusal. The applicant is required to respond to the report in the stated time.

In the following article, we will educate you how you can reply to trademark examination report.

Replying to Trademark Examination Report

Response to the report can be submitted either by the trademark applicant or an agent authorized by the applicant as a reply to the examination report. If there are any supporting documents and affidavit then one must submit them along with the reply.

The response could be uploaded online through the trademark office website or could be sent through the post.

Objections under Trademark Examination Report:

Formality requirement:

In case of objection as to formality requirement, the applicant must comply with requirements as per the office.

Wrong Classification of Trademark Class:

If the objection is due to goods or services mentioned in the application do not fall in the correct trademark class, the applicant may file a request for corrections published by the Registrar.

In case of objection to the effect that some goods or goods that are mentioned in the application do not fall under the precise trademark class. The applicant may file a request for rectification of the application by deleting items that do not fall in the relevant class.

One must keep in mind that Replying to Trademark Examination Report is authentic, therefore you must consult for legal advice before replying to the report.

Trademark Lacks Distinctiveness:

In case the objection is on the basis that trademark lacks individuality. The applicant must submit a reply organizing that trademark applied for registration is capable of individuate in view of its extensive use in relation to relevant goods or services.

If the distinctiveness has been acquired, the applicant must file an affidavit as an evidence of use of the trademark along with supporting documents.

Identical or Similar Trademark:

If the objection is on the obligation of identical or similar trademark. The applicant may submit a reply to trademark examination report stating that conflicting marks in the examination report are different than the applicant’s trademark, together with supporting evidences.

Centrik has been into trademark consulting for last 5 years to register and maintain protection of your trademark’s worth. Though we have gone to the depths of enlightening towards the above topic in case of any further queries write to us at support@centrik.in

 

Note – Please note that the above article is for education purpose only. This is based on our interpretation of laws which may differ person to person. Readers are expected to verify the facts and laws.

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