Trademark Objection

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Procedure For Trademark Objection

When the status of the trademark shows as “Objected” in the Trade Marks Registry, it means that the examiner has raised objections in contrast to our application. Trademark objections are stated u/s 9 of The Trademarks Act, 1999 (Absolute Grounds for rejection) and u/s 11 of The Trademarks Act, 1999 (Relative grounds for rejection).

Section 9 of The Trademarks Act, 1999 specifies absolute grounds for refusal against our trademark application. When a trademark lacks capabilities of distinguishing its goods from one and another or when any mark isn’t a specific name, but it indicates our trade or business, quality of our goods/services.

Section 11 of The Trademarks Act, 1999 states relative grounds for refusal against our application. Section 11 states that where there is a similar trademark or goods/services registered prior to our application, it may cause confusion among the people.

The trademark shall not be registered if it falls under the shadow of section 9 and 11 of The Trademarks Act, 1999.

After the examination of the application, if the examiner finds any errors or faults, they will provide an examination report. The examination report consists of the objections raised against our application. They will communicate their observations and explain the objection against our application. The applicant is required to file objection reply within 30 days of the examination report. The applicant needs to upload his reply in the miscellaneous reply section.

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Documents Required For Objection Reply :

I. Power of Attorney.

II. Reply to the examination report.

III. Documents in support to the application i.e. affidavit, brochures, websites, financial statements etc.

How will Docsplanner assist you?

I. Our experts will firstly analyze the examination report and understand the reasons to object.

II. They will conduct research in relation to our objection.

III. They will draft a proper reply, mention related judgments and laws.

IV. They will gather all the supporting documents which will help us in strengthening our reply.

V. Upload the examination reply.