Replies against Objections

Replies against objections

Once an application for trademark registration is filed, it is being checked thoroughly by the Trademark registry. After passing all the Formality checks, the Examination of the application is done by the Examiner, who does the examination of the mark on the fronts of – Whether the mark is in violation of the provisions of the Act & Rules and also on the front of identity or deceptive similarity with any prior mark.

If the Examiner is satisfied that there are no violations, the mark may be granted with or without conditions. And, if, an objections is raised, it becomes must for the applicant to file the replies within One month from the date of services of the examination report, failing which the trademark will become ABANDONED u/s.132 of the Trademarks Act, 1999 for non-prosecution.

With the replies, the applicant must mention for a hearing of the mark, if the Ld. Examiner is not satisfied and/or convinced with the replies. Normally, the objections u/s.9 and 11 are raised along with the directions for filing the documents, details are being asked by the Examiner.