Reply

To Your Objected Trademark

Confidently clarify all queries raised against your trademark in the government objection. Let expert lawyers do the job for you. Price start at INR 1999/- only.

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What is Trademark Objection?

All you need to know

Trademark Objection:

Once a trademark application is filed, the Trade Marks Registrar will process your application and issue an Examination Report for Trademark. Examination report could be for advertising your trademark before registration or he can come up with an objection for registration of the trademark. There are no fixed reasons why your Trademark Application may be objected.

 

The Trade Marks Office can, for various reasons, have objections to your trademark application. This may be because the word or logo is too similar or resembling to an existing trademark, or various other reasons. Law gives you an opportunity to respond professionally and reply to trademark objection raised. You must file your response to this objection within a month from when the Examination Report has been published online. If you don’t, the Registrar may abandon your application.

 

What is Trademark examination Report?

Trademark examination report is a report of examination conducted by Trademark Office after examining the registrability of the application, which includes distinctiveness, existing similarity with prior registrations, and filing of supporting documents.

 

A professionally drafted objection reply will ensure that you have valid reasons to believe why your application should get through. If the Trademark Examiner finds the reply sufficient and addresses all the queries raised by him/her in the Examination Report trademark, the application would be allowed to be published in the Trademark Journal, before registration. This takes you an inch closer to use ® mark.

Why Ebizfiling?

EbizFiling.com is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory and management consultancy services to clients in India and abroad. Securing a Registered Trademark is easy, seamless, cheapest and quickest with EbizFiling.com! Apart from a Trademark Registration, EbizFiling.com also helps you with Trademark Objection filing, draft Trademark objection reply letter, Trademark Renewals, Trademark Assignment, Trademark withdrawal, Trademark opposition and Trademark rectification services.

Contact Ebizfiling for Trademark Objection and Trademark Objection Reply. Confidently clarify all queries raised against your trademark in the government objection. Let expert lawyers do the job for you. You may get in touch with our compliance manager to know more on trademark objection reply fees and process call on 09643203209 or email info@ebizfiling.com for free consultation.

Simple Prices No Surprises

Choose Your Package

ESSENTIAL

1999/-

(All Inclusive)

  • Reply to Examination Report (1 Objection 1 Class Small Enterprise), where Trademark Application done by ebizfiling

ENHANCED

2499/-

(All Inclusive)

  • Reply to Examination Report (1 Objection 1 Class Small Enterprise), where Trademark Application is not done by ebizfili

ULTIMATE

9399/-

(All Inclusive)

  • SSI/MSME Registration
  • Trademark Application (1 Application 1 Class Small Enterprise)
  • Reply to Examination Report (1 Objection 1 Class Small Enterprise)

Effectively Replying to Trademark Objections

Points to make your decision easy

Brand Protection

By the time you receive objection, you might have been using the ™ symbol already. Your business brand would have started creating visibility. You should have started creating value for your brand. Filing a new trademark application may not be relevant. Instead, you could simply identify the list of reasons your logo, slogan or brand name are different.

Reply Professionally

Filing a reply to objection does not guarantee for you to sustain your application. However, it is still relevant because you would not wish to see your application abandoned because of few reasons. Expert Professionals like ebizfiling will come handy this time. Drafting and filing objection reply through us will significantly improve your chances of getting through.

Responding in Time

Once Examination report is issued, you have one month (30 days) to file your reply against the same. There’s no bar on filing reply even after 30 days. However, this significantly reduces your chances of furthering your trademark application. It is therefore advisable to act in time and make sure of submission of reply to objection within defined time frame.

How to Reply to a Trademark Objection?

 

5 Easy Steps

1

Study of Examination Report

2

Experts Assess Implications of Notice

3

Drafting of Objection Reply

4

You Approve Draft

5

Objection Response is Submitted

Free Consulting

EbizFiling Compliance Manager will thoroughly study and assess implications of  objection and decide best course of action to address the issues raised by Trademark Examiner, as cited in the Trademark Examination report and move on with the procedure.

Reply Drafting

At EbizFiling, in-house experts team of lawyers will draft a professional and correct reply to the objections raised. We take up objections case-to-case and draft a customized response so that your chances of getting through increases.

Reply Submission

Experts drafted response will be sent to you for approval for your comments. Your comments, if any, will be considered and the same will be re-drafted accordingly. Once draft is approved by you, we will proceed and file reply submission.

FAQ

FAQs On Trademark Objection

Get answers to all your queries

  • What is a Trademark Objection?

    A trademark objection is a preliminary refusal raised by the Trademark Examiner during the registration process. It does not mean your trademark is rejected; it simply means further clarification or documentation is needed.

  • Why did I receive a trademark objection notice?

    You may receive an objection due to similarities with existing trademarks, incorrect information, use of generic terms, or violation of trademark rules. The reason will be detailed in the examination report issued by the Trademark Registry.

  • How will I know that an objection has been raised?

    You will receive an Examination Report from the Trademark Registry through your official communication email. You can also check the status on ipindia.gov.in using your application number.

  • Can I ignore a trademark objection?

    No. Ignoring an objection may result in the application being abandoned. It is crucial to file a well-drafted reply within 30 days from the issuance of the Examination Report.

  • What is the time limit to respond to a trademark objection?

    You must submit a reply within 30 days from the date of issuance of the objection notice. Delays beyond this period may result in abandonment of the trademark application.

  • What is a strong trademark objection reply?

    A strong reply includes legal arguments, case references, proof of prior use, and clarification addressing each objection point raised by the Examiner. A well-drafted reply increases the chances of approval.

  • Can I reply to an objection myself?

    While technically possible, it’s not advisable. Trademark law is nuanced, and drafting an effective reply requires legal expertise. Hiring professionals like EbizFiling improves your chances significantly.

  • What happens after I submit a reply to the objection?

    After submission, the Examiner reviews your reply. If found satisfactory, the application moves to publication in the Trademark Journal. If not, a hearing may be scheduled.

  • What is the cost to reply to a trademark objection?

    There is no government fee for filing a reply. However, professional charges apply based on the complexity of the objection and the service provider. EbizFiling offers affordable, all-inclusive packages.

  • What is the difference between trademark objection and opposition?

    A trademark objection is raised by the Trademark Examiner during the examination phase. A trademark opposition is raised by a third party after your mark is published in the journal.

  • Will I get a refund if my trademark is objected?

    No. The government filing fee is non-refundable, even if your trademark faces objection or gets rejected later in the process.

  • Can I still use my trademark if it is under objection?

    Yes, you can use the trademark while the application is under objection. However, you will not have statutory rights or ® symbol protection until full registration.

  • How many times can an objection be raised?

    An objection is usually raised once during examination. However, if your reply is unsatisfactory, the Examiner may call for a hearing or re-raise concerns.

  • Is hearing mandatory after filing an objection reply?

    Not always. If your reply satisfactorily addresses all issues, your application may proceed without a hearing. Hearings are only scheduled if further clarification is required.

  • Can EbizFiling help with a trademark objection reply?

    Yes. EbizFiling offers end-to-end assistance from reviewing the Examination Report, drafting a strong reply, to representing you during hearings if needed.

  • How long does it take to resolve a trademark objection?

    If no hearing is needed, it may take 1 to 3 months after reply submission. If a hearing is involved, it may extend the process by another 3 to 6 months.

  • Can I appeal if my objection reply is rejected?

    Yes. You can file an appeal before the Intellectual Property Appellate Board (IPAB). Legal advice is highly recommended at this stage.

  • What if I miss the 30-day deadline?

    Your application may be marked as abandoned. In rare cases, a condonation of delay application can be filed with justification, but acceptance is not guaranteed.

Reviews

  • Client Review, Ebizfiling

    Ateek Mohd

    23 Apr 2022

    Ebizfiling India pvt ltd is leading account services provider across the country. They have a very good and genuine staff. They give all the services in given time frame. My two company’s accountability done by this firm. Awesome service ..!

  • Client review, Ebizfiling

    Hetal Verma

    27 Jan 2018

    Great work done by the Ebizfiling team. Good luck for the future.

  • Client review, Ebizfiling

    Jobin Mathew

    19 Nov 2021

    I reached ebizfiling for DSC renewal , Ms anitha KV assisted in renewal it was done on timely and hassle free.

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