Grounds of Trademark Objection & How to Reply for Trademark Objection?

  • April 09, 2016
  • Registrationwala

Trademark registration is a process that takes you through several ups and downs. One such down is the trademark objection. Objectively speaking, out of all the trademark registration applications, there is about 60 percent of them that are going to be objected to. However, why is your application objected to? And what you can do to deal with such objections? Understanding the grounds of trademark objection and how to reply to trademark objection is going to be our focus throughout the course of this blog.

Grounds of Trademark Objection

There are two grounds upon which, your trademark application can be objected. These grounds are the following: 

  1. Absolute ground: The absolute ground of objection is the one where the grounds of the ministry for objecting your trademarks are absolute. By this, we mean that the errors with the trademark are quite visible. For example, if your trademark is a blatant copy of other mark or it does not have anything distinct, then the grounds of objection are absolute.
  2. Relative Ground: This is a ground of objection where the trademark, while not absolutely similar to the other marks, is deceptively similar to them. This ground of objection is also known as the deceptively similar ground. The reason for calling this particular reason a relative one is because the similarity of the trademark is not quite apparent.

These are the two grounds on which your trademark application can be objected to. These grounds are the reason that doing a registered trademark search is necessary prior to filing the application. However, there are ways that you can deal with objections and it is called trademark objection reply.

How to Reply to Trademark Objection

When the department of trademark registration examines the trademark application, a Trademark examination Report is created. The details of this report tell as to whether your trademark application is rejected or not. Now, if there is an objection, then it is needed to be replied and it is done in the following manner:

1. Getting the documents to reply to the objection:

  • A copy of an examination report that was sent by the registrar of trademarks
  • A power of attorney that is duly signed by the applicant.
  • Documented proof against the objection. This can be anything like affidavit, permission, etc.

2. Filing the reply: The form used to file the objection reply is form MIS-R (Miscellaneous R). The reply has to be filed in this form. As the option is online, you would need to upload a scanned copy of the reply and the power of attorney through this form.

3. There is no fee associated with the reply. However, as you are definitely going to need the assistance of a professional for this process, they will charge you a nominal fee. Before the submission, you, as a client would check if the reply is right.

4. Once the reply has been submitted, there is a waiting time of 15 days. After this time, you will get either a positive response or a negative one. A positive response will advertise your trademark in the journal, a negative one will prompt you to appear in a trademark hearing.

These are the steps of trademark reply. Now, as you have seen, a reply can either be positive or negative. To that end, you definitely would want to avoid the hearing. Therefore, make sure that the right professionals are filing the reply. Registrationwala is a team of professionals that can provide you such a service. Confide in them, if you want to make sure that your mark is advertised.

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