Trademark Objection Reply

We can help you draft and file reply to your trademark objection raised by the trademark examiner through our legal experts

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ABOUT TRADEMARK OBJECTION

Why is a trademark objected?

A trademark can be objected because of an Identical Name, Likelihood of confusion, Descriptive Name, Deceptive Design, Prohibited Name or detrimental to existing trademark

Who objects the trademark?

Trademark is objected by a trademark examiner who is appointed by trademark registry and is authorized with the duty of examination of trademark applications.

Trademark Examination Report

It is a report issued by the trademark examiners concealing the grounds, reasons, and facts as to why the trademark application is objected. 

Reply to trademark objection

The reply to the trademark objection requires to be submitted before trademark office. Failure to do so shall results in rejection of your application 

Time limit for objection reply

It is required to reply within 30 days from the date of receipt of the examination report containing the grounds of trademark objection.

Trademark Journal

It is an official gazette of the trademarks registry. If the trademark examiner is satisfied with the reply to the objection, the trademark is advertised in the trademark journal.

 

6 Reasons why should you respond back and reply to trademark objection?

  • The Existing Application for Trademark Registration will be saved from being abandoned or rejected and considered further for processing. This saves both time and money since no need to apply with fresh application again
  • Chances are your trademark will be registered and you can enjoy all the available legal rights in the law and protections from infringements
  • Filing a prompt reply on proper grounds and with supportive pieces of evidence will prove that you are not infringing the rights of other and existing trademarks
  • The right to use TM with your brand logo will be rescinded if you fail to reply to the objection within the requisite time period  
  • Giving you a superior hand your trademark will be stronger and always create a sense of uniqueness for your brand while standing out in the market
  • One should have always been available with the proofs that your brand is unique and this will provide you immunity against any infringements claims of existing trademarks or brands of third parties 

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OUR PROCESS

Upload the required documents & information to our web portal

Choose Package and Pay online with different payments modes available

On placing the order, your application is assigned to one of our dedicated professional

Our professional will prepare & draft the reply required for the trademark objection

Submit the reply of trademark objection to the examiner online

Provide examination report reply acknowledgment via email 

Documents Required For Trademark Objection

Brand Logo

Examination Report

Supporting Proof of Logo ownership

Power of Attorney

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Complete List of Document required




PACKAGES

BASIC

2499
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Drafting and Filing of Objection Reply raised by Trademark Examiner  

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STANDARD

3499
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Drafting & Filing of reply raised by the trademark examiner containing more than 4 contradictory existing similar trademark   

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PREMIUM

9797
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Drafting & Filing of reply raised by the trademark examiner
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frequently asked questions
The objection on trademark is communicated to you via examination report which is prepared by the examiner of the trademark applications. you can download the report from the IPR website 
You can get the examination report of the trademark objection on the website of IPI India
E-startupindia drafts and file a reply within the 3 working days of objection received subject to the availability of the documents 
As far as the status is showing objected you can be able to file the reply for your trademark objection mentioned in the examination report
After filing the trademark objection reply, it can take up to 7-8 months for the examiner to check the reply filed. The status will be changed only after the examiner's analysis & check up  
No, it is not, But Procedure to submit objection reply requires legal knowledge and good drafting skills also it is necessary to present your response to each objection raised by the examiner promptly. So it is advisable to hire a professional attorney. E-startupindia have experience and better legal understanding & we can get the job done in 3-4 working days while you sit back at your place and relax 
No there isn't any government fee to file the examination reply 
The main difference between trademark objection & trademark opposition is that the objection arises at the preliminary stage that is at the time of filing of a trademark application while the trademark opposition is filed at later stage when the trademark is advertised in trademark journal.
Yes E-StartupIndia is an online platform serving all over India no matters wherever you are doing business all you need is internet connection on your mobile or desktop and we are ready to get your job done
No, You don't need to be physically present for the process, E-StartupIndia is an online catering platform all you need is an internet connection  in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India
Upon filing the Trademark Application, the next step is of trademark examination by the Ministry of Trade & Commerce and the examination report is issued by the time to time by the Ministry. After issuing the examination report, if any resemblance clashed with existing trademark then application status is shown as- 'Objected' with the alert 'Awaiting Reply to Examination Report'. You can download the report from the IPR website

The applicant must file legal reply drafted by professional within 30 days in order to rebuttal the objections raised and clarifications required by the Trademark Registry. If you didn't file a reply within time, your trademark use rights shall be revoked.

Yes, you can. The Trademark Registry does not intend to bar the usage of the TM sign if it issues a trademark Objection or Examination Report. It only requires a suitable legal reply w.r.t objection raised.

The reply to the Trademark exam report should be submitted within 30 days from the date of examination report raised. If you didn't file the reply within time, your trademark use rights shall be revoked.

After the filing reply to the Trademark Objection with the Registry, it will automatically be displayed on the application status in IPR website. Besides, the alert 'Pending for Reply' will be removed from the status.

You can submit the reply to the trademark objection report until the alert 'Awaiting Reply to Examination Report' is displayed. If you fail to submit reply much after the deadline, your trademark objection status will be marked as 'Abandoned'.

After the reply filed for the trademark exam report is reviewed by the examiner, the application can be passed for the further stage, where it can be-   

  • Marked For Examination: On being satisfied, the examiner will pass the application and publish in the trademark journal for the next 3 months.      
  • Ready for Show Cause Notice: If further clarification is still needed, a show cause notice will be issued.

A show cause notice will be issued in case trademark Objection needs further clarification. However, the chances of getting a show cause notice are very rare. It is issued only if the examiner is not satisfied with the reply filed.

The application is published in the trademark journal for next 3 months, where it can be objected by a third party. If no opposition has been made by the third party, trademark Registration Certificate will be issued by the Trademark Registry.

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