Received a trademark objection? A professionally drafted reply, filed on time, is what keeps your application alive and moving towards registration.
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What the report means, what happens if you do not answer it, and why founders choose LegalWiz.in to draft the reply.
A trademark application passes through several stages, and examination by the Registry is the crucial one. An officer examines the application for errors and for conformity with the Trade Marks Act and its Rules, and issues an examination report carrying their comments.
If there is no conflict with the rules or with another mark, the application goes forward to publication in the Journal. Where the examiner finds a conflict, they raise an objection and put it to the applicant or the attorney to say why the application should still proceed.
Failing to reply abandons the application. That is what makes a reply to the examination report not optional but compulsory, and it is why the deadline matters more than anything else on this page.
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The mark is not distinguished enough, or not unique enough, to identify one trader’s goods.
The mark is too close to another mark already registered or already applied for.
The mark describes a characteristic of the goods or services rather than marking their source.
The mark is made up of words the trade uses generally, so no one trader can own it.
Filing the reply is what carries the application to the next stage. Not filing it within a month of the report being dispatched abandons the entire trademark application, not just the objection.
The reply is your opportunity to argue why the mark should be registered: why the objections do not apply to your application, and what the distinctive features of the mark actually are.
Where the reply gives the examiner sufficient justification on distinctiveness and registrability, the mark proceeds to publication in the Trade Marks Journal, which is the last stage before registration.
If the examiner is not convinced by the written response, a hearing is scheduled and the arguments have to be put in person. A show cause notice is issued only in exceptional cases, and a well-drafted reply is what keeps it that way.
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Subject to government processing time.
Four working days from your examination report to a filed reply.
1 of 4 working days
2 of 4 working days
1 of 4 working days
Subject to government processing time. The Registry normally takes 6 to 8 months to process and review a reply.
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It means the examiner has raised objections about whether your mark can be registered. To overcome them, a written response has to be filed with the Trade Marks Registry.
If the examiner is not convinced by that written response, a hearing is scheduled so the arguments can be put in person.
The status of a trademark application has to be tracked by the applicant. When the examination report is issued, the status changes to “Objected” with the alert “Awaiting Reply to Examination Report”.
The status is published on the Intellectual Property India portal at ipindia.gov.in.
The response is required within one month from the date the examination report is dispatched.
In practice the Registry accepts a response after that period as well. A reply can be submitted for as long as the status still shows “Awaiting Reply to Examination Report” and has not changed to abandoned.
No. The applicant does not need to stop using the ™ sign.
Issuing an examination report does not compel the applicant to stop using ™ beside their brand name or logo.
By filing a written reply that gives sufficient justification and clarification about the mark’s distinctiveness and registrability.
If the filed response satisfies the examiner, the mark is published in the Trade Marks Journal.
Once the reply is filed by the registered attorney it appears against the application when you track its status.
The alert “Pending for Reply” or “Awaiting Reply to Examination Report” is removed. The status itself stays “Objected” while the Registry’s own processing is pending, which is normal.
The Trade Marks Registry normally takes 6 to 8 months to process, verify and review a reply filed with the registrar.
A show cause notice for a hearing is issued in very exceptional cases.
It happens where the mark applied for is very similar to another applicant’s, or where the examiner is not satisfied with the reply and the grounds supporting it.
Once accepted, the application is published in the Journal for four months and is open to opposition by any third party.
If no opposition is received in that period, the Registry issues the registration certificate for the trademark.
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