Trademark Objection Reply

Trademark Examination Report

A trademark examination report is issued to the trademark applicant or the person authorized by the trademark applicant after a trademark registration application has been submitted and reviewed by a trademark officer. Along with information about the trademark application, the trademark examination report is also posted on the trademark office website. If the trademark examiner objects, the applicant or the authorized agent then has the opportunity to submit a response to the trademark examination report with a counter. After taking the applicant's response into account, if the objections may be lifted as a result, the trademark application is approved for registration, and the trademark is then published in the trademark journal.

The Trademark Office examines a trademark application's registrability, including uniqueness, existing resemblance with earlier registrations, and filing of supporting papers. The result is a report known as a trademark examination report.

You may be confident that you have solid justifications for thinking that your application should be approved by having a professionally written objection reply. The application would be allowed to be published in the Trademark Journal prior to registration if the Trademark Examiner considers the response satisfactory and responds to all the questions made by him/her in the Examination Report trademark. You are now a little bit closer to using the ® mark.

How to Reply to Report Trademark Examination

The "Reply to Examination Report" is where the trademark applicant or a representative authorized by the applicant can respond to an objection in a trademark examination report. The reply may be sent in person or by mail, or it may be submitted online through the trademark office website. The Reply to Examination Report should be provided along with any affidavits and supporting documentation.

Effectively Replying to Trademark Objections

Reasons to help you make a decision

Brand Protection: You could already be using the TM symbol when you get the complaint. Your company's brand would have begun to gain recognition. You ought to have begun developing your brands worth already. New trademark applications might not be necessary. Instead, you might just mention the unique characteristics of your logo, tagline, or brand name.

Reply Professionally: The submission of a response to an objection does not ensure that your application will be accepted. It is still important, though, because you wouldn't want your application to be rejected for a few little reasons. This is when experienced professionals like Legalstartup will be useful. Your chances of being accepted would be much increased by writing and submitting your objection reply through us.

Timely Response: You have 30 days from the release of the examination report to submit a response. There are no limitations on filing a response after 30 days. However, doing so significantly reduces your chances of having your trademark application approved. In order to guarantee that the objection reply is filed within the specified time, it is essential to move fast.

Top Reasons against Trademarks

The following are the main grounds for opposing a trademark:

A. Using the Wrong Trademark Form

If the trademark application is not presented in the proper format, the Trademark Examiner will make the following objection.

B. The wrong applicant name for a trademark

As recommended in this article, the trademark applicant name must be correctly entered in an application. The Trademark Examiner would object if the trademark application name was incorrect.

C. Failure to submit the TM-48 trademark form

When a trademark application is submitted on behalf of the applicant by a trademark attorney or trademark agent, Trademark Form TM-48 must be included. If Form TM-48 is incomplete or poorly filled out, the Trademark Examiner will object

D. An application for a trademark with the wrong address

If the applicant's major place of business is not specified in a trademark application, or if the applicant's address for service in India is not specified.

E. Insufficient Product or Service Specification

An objection might be made if the description of the products or services in a trademark application is overly ambiguous or covers a wide range of goods and services in a class.

F. Exists under the Same or Similar Mark

If earlier trademarks with the same or similar descriptions of goods or services are discovered on records belonging to a different trademark administrator, an objection is raised.

G. Trademark Is Just Distinctive Enough

Trademarks without unique character are subject to opposition under the absolute grounds for refusal of trademarks because they cannot differentiate between the goods or services of one person from those of another.

H. Trademark is False

The Trademark Examiner may raise an objection if the nature, quality, or geographic origin of the products or services, or another factor inherent in the mark itself or in its usage, has the potential to deceive the public. By filing Form TM-16, the applicant can respond to a misleading trademark objection by attempting to exclude certain goods or services from the specification.

Process for Trademark Objection

Apply for Trademark Objection

You must complete the form for the TM objection.

Objection Submission

We'll write the necessary objection and submit it to the Registrar. The entire process will take 4 working days to finish. And you receive a TMR number.

Your assignment is finished.

Once the objection has been submitted, an acknowledgement slip must be provided. After the application has been submitted, an acknowledgement slip must be delivered to the specified address.