How to Deal with Trademark Objections
Steps to handle an objections
We had already discussed a lot about the Trademark Registration process. During the examination process, if the examiner find any deviation, the applicant may receive a notice, which is nothing but Examination report. For which we need to submit a detailed reply, legally .
Time Limit: The reply need to be submitted within a period of 30 days from the date of receipt of the Examination report, failing which the application may be deemed abandoned.
Hearing: If the registry is not satisfied with our reply, they shall fix up a hearing and we need to appear on the specific date with the supportive evidence and argue our case.
Hearing: If the registry is not satisfied with our reply, they shall fix up a hearing and we need to appear on the specific date with the supportive evidence and argue our case.
Response to Notice: As already said, we need to a legal reply within 30 days from the receipt of the examination report. The reply should state the facts and rezoning showcasing our side merits. The reply shall be drafted in a manner which can build supportive grounds and able to give proper logics why the mark applied for is unique in nature and does not fail to comply with the provisions of the Trademark Act.
Appeal: If the Trademark Application is refused the aggrieved party may move an appeal petition before the Intellectual Property appellate board, shortly called as IPAB.
Order: If the registry satisfies with our reply or arguments, they will pass an order for publication in the official Gazette of the Trademark Registry. But if the registrar is not convicted with the merits, then the application may be refused.