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Why to submit Reply with Trademark Registry?
Commonly known TM Examination Report is issued by the Registry seeking clarification on grounds of the application made
Examination Report does not stop the applicant from using the ™ Mark beside the brand name & logo
Issuing the Examination Report is one of the stage under TM Registration Procedure only
To step into next procedure, the response from the applicant is required to be filed by Online filing of Reply.
The applicant is required to file appropriate response to the Report issued to continue using ™ Mark
Non-filing of the Reply will lead to abandon the Application of Trademark Registration
Frequently Asked Questions
Trademark Objection or Trademark Examination Report is issued by the Trademark Registry after the review and verification of the online Trademark Registration Application made. In the stated Report, the Examiner provides his observations (as discussed below) and asks to provide the supportive grounds as to why the applications shall be proceed with.
The status of the Trademark Application is required to be tracked from time to time by the applicant in order to be updated. When the examination report is issued, the status of the application is changed to “Objected” with alert “Awaiting Reply to Examination Report”. The examination report can also be viewed and downloaded from the portal.
Link for tracking the status: http://ipindiaonline.gov.in/eregister/eregister.aspx
When the Trademark Objection is issued by the Registry, the applicant is required to submit a response for the queries raised or clarifications required by the Registry with supporting ground on why the Trademark Applied shall be accepted with the help of registered attorney for preparation and filing of same.
No, the applicant of trademark do not need to stop using the ™ sign. By way of issuing the Examination Report, the Registry does not compel to stop the applicant to use the ™ sign beside the Brand Name or Logo.
The response to the Trademark Objection by the Trademark Registry is required to be filed within 1 month from the date of dispatch. However, the Registry accepts the response even after passing of the stated period. One may submit the reply till the status of application shows the alert of “Awaiting Reply to Examination Report” and not abandoned.
As stated above, the reply is to be submitted within one month or the extended time allowed by the Registry. However, when the applicant does not choose to file the reply to examination report to the Registry, the application will be marked as "Abandoned" which means the application of registration will not be proceed further.
Once the Response to the Trademark Objection is duly filed by the registered attorney, the reply will also be displayed on tracking the status of the application. Further, the alert “Pending for Reply” will be removed from the status of the application.
The Trademark Registry normally takes 6 to 8 months to process, verify and review the reply filed with the registry.
Where the examiner has reviewed the reply filed for the trademark examination report issued, the application can be passed for any of the following stages:
- Marked For Examination – On satisfaction of the grounds provided, the examiner will accept the application and will pass the application to publish in the journal for 3 months.
- Ready for Show Cause Notice – Where the examiner requires additional grounds for clarification or find the conflict between two applications, the notice for show cause hearing will be issued.
The show cause notice for hearing is issued in very exceptional cases, where the trademark applied is very similar to any other applicant or examiner is not satisfied with the reply filed and supporting grounds.
The application, when is accepted by the Registry, it is published in journal for a period of 3 months and is open for the opposition by the Third Party. After completion of 3 months, where no opposition by third party is received, the Registration Certificate of the trademark is issued by the Registry.
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