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Trademark Objections & Reply to Examination Report

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19.Feb, 2016 0 Trademarks

Trademark Objections & Reply to Examination Report

Trademark Objections:

On filing of application for registration of trademark, the Registrar of Trademarks, shall examine the subject trademark and assess its registrability in terms of the provisions of section 9 and Section 11 of the Trademarks Act.

If the Examiner of the Trademarks in its ex officio examination ascertains that, the trademark is conflicting with existing trademark on record or is too general in nature or descriptive, it shall issue objection in the form of Examination Report.

However, if the Examiner concludes that, the applied trademark is registrable, it shall issue an Examination Report directing the trademark to be advertised before acceptance in the Trademark Journal.

 Reply to Examination Reports

The Applicant or its Agents, as soon as he receives the Examination Report detailing the Objection, the Reply must be filed without any delay. The Reply to Examination can be E-Filed (Through Agent/Attorney) or can also be filed physically with the Trademark Office.

Off late, due to non-filing of reply to Examination Report, the Registrar of Trademarks, have been undertaking exercise to Abandoned the Applications, for which, reply has not been received.

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